S.  AKER. 


INTERNATIONAL  LABOR  FORUM 


CONTENTS 

1.  Introduction  to  Labor  Law  of  Yucatan,  Mexico, 

by  M.  C.  Rolland. 

2.  Labor  Law  of  Yucatan,  Mexico. 

3.  Appeal  to  U.  S.  workers  by  Mexican  workingmen. 

4.  President  Gompers  issues  call  for  unity  of  labor  in  all 

Pan-America. 

5.  Appeal  to  Mexican  Labor,  by  Samuel  Gompers. 

6.  Copies  of  Appeal  to  Mexican  Leaders, 

by  Samuel  Gompers 

7.  The  Great  Pact:  signed  by  Mexican  and  American 

Labor  Representatives  in  Washington. 


LATIN- AMERICAN  NEWS  ASSOCIATION,  1400  Broadway,  New  York  — 1916 


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INTRODUCTION  TO  THE 


LABOR  LAW  OF  YUCATAN 

BY 

M.  C.  ROLLAND 


American  artisans,  producers,  and  laboring  classes  in 
general;  in  fact,  all  who  in  this  country  have  no  capital, 
but  contribute  towards  production  in  the  measure  of  their 
power  of  intellect  or  their  muscular  strength,  should  be 
made  conversant  with  the  fact  that  the  Mexican  Revolu- 
tion is  nothing  but  an  economic  transformation. 

Our  people  were  sunken  in  the  most  miserable  condition 
of  feudalism,  deprived  of  their  lands  and  all  political  and 
civil  rights.  We  Mexicans  had  no  security  whatever  as- 
sured us  in  our  native  land,  where  every  one  else  had  such 
guarantee,  even  the  Chinese.  The  country  was  the  desired 
Ideal  Land  where  Capitalism  could  give  free  rein  to  its 
policy  of  exploitation  and  carry  on  its  industrial  enterprises 
for  the  benefit  of  foreigners ; wages  were  ridiculously  low ; 
possession  of  land  was  obtained  by  false  pretenses ; brute 
force  was  employed  to  keep  the  laborers  in  subjection. 

Under  such  conditions  as  these  it  is  not  difficult  to  un- 
derstand why  the  largest  textile  factories  of  the  world  were 
installed  in  Mexico ; or  why  none  of  them  were  allowed 
to  belong  to  Mexicans. 

The  first  attempt  by  the  laboring  classes  to  better  their 
situation,  which  took  place  at  the  Rio  Blanco,  was  washed 
out  in  their  blood  by  Porfirio  Diaz ; the  laborers  were 
hunted  down  like  wild  beasts  and  slaughtered  in  their 
tracks  as  they  tried  to  hide  themselves  in  the  beautiful 
mountain  regions  of  their  native  land. 

People  of  the  United  States : Our  Revolution  demands 
the  righting  of  the  wrongs  and  outrages  that  have  been 
committed  against  us.  The  strife  is  waged  against  the 
great  Trusts,  against  the  reactionaries  who  organized  for 
their  own  benefit  the  social  conditions  then  existing  in 
Mexico. 

At  the  present  time  we  are  demonstrating  to  the  world 
by  the  reforms  and  the  reconstructive  work  which  the 
Revolution  is  accomplishing  that  the  Revolution  was 
socially  justified. 

Facts  are  stubborn  things.  The  Agrarian  Problem  is 
being  dealt  with  in  such  a manner  as  to  augment  the  pros- 
perity of  the  people  by  the  encouragement  of  the  creation 
of  small  interests.  In  order  to  readjust  matters  satisfac- 
torily in  the  cities  it  is  necessary  properly  to  settle  the 
difficulties  existing  in  the  rural  districts. 

Take,  for  example,  the  Law  of  Replevin,  actually  in  force 
in  the  State  of  Yucatan,  which  will  illustrate  the  matter 
clearly.  It  shows  that  the  working  day  of  eight  hours  and 
the  working  week  of  forty-four  hours  are  accomplished 
facts  in  Yucatan.  The  laborers  have  their  special  tribunals, 
and  compulsory  arbitration  obliges  the  capitalists  to  let  the 
laborers  have  a greater  share  in  the  profits  derived  from 
the  product  of  their  labor,  which  in  former  years  the 
capitalists  kept  for  themselves. 

Again,  when  a union  of  workingmen  deems  that  they 
ought  to  receive  more  wages,  the  matter  is  openly  dis- 


cussed, always  with  the  principle  in  mind  that  the  laborer 
needs  better  conditions  and  circumstances  in  which  to  live, 
for  his  social  welfare,  than  he  formerly  had.  He  must  be 
well  fed,  must  be  becomingly  clothed,  and  have  means  and 
time  sufficient  to  enable  him  to  improve  himself. 

In  order  to  prevent  the  deterioration  of  the  race,  child- 
ren are  not  permitted  to  labor  in  sweatshops  or  work- 
shops of  any  kind.  Women  must  have  assigned  to  them 
— at  least  to  those  of  them  that  are  nursing  babies — a 
special  room  and  sufficient  time  at  intervals  during  the  day 
to  give  necessary  care  to  their  young.  When  they  are 
approaching  parturition  their  employers  must  grant  them 
eight  weeks’  liberty  with  pay,  and  their  positions  must  be 
reserved  for  them  in  the  meantime.  Proper  sanitary  con- 
ditions must  be  established  in  all  working  places  and  any 
worker  has  a right  by  law  to  denounce  any  infringements 
or  breaches  of  the  laws  committed  by  their  employers. 
The  Casualty  Law  is  also  an  accomplished  fact. 

The  Labor  Problem  is  solved  because  the  controlling 
agency  (the  special  tribunals)  will  enable  the  working  man 
and  his  employer  to  understand  each  other’s  conditions 
better  and  settle  their  differences  without  the  necessity  of 
recourse  to  strikes,  which  naturally  are  looked  upon  only 
as  a last  resort. 

These  are  facts  patent  to  all  the  world.  Their  signifi- 
cance is  startling  when  we  think  that  that  mass  of  laborers, 
the  greater  part  of  them  Indians,  were  but  yesterday  in 
complete  and  abject  slavery,  and  that  to-day  they  have 
already  assimilated  the  legislation  which  the  Revolution 
prepared  and  are  rapidly  adjusting  themselves  to  the  new 
mode  of  life,  moving  forward  in  no  uncertain  way  towards 
the  new  horizon  of  well-being  which  we  predicted  for 
them. 

In  other  parts  of  the  Republic  also,  similar  efforts  have 
been  pursued.  Very  soon  the  same  law  will  apply  to  the 

centre  of  Mexico. 

In  Yucatan,  greater  improvements  have  perhaps  been 
brought  about  because  peace  has  been  established  there 
for  a much  longer  time.  Wherever  the  Revolution  has  had 
time  to  develop  its  program,  there  may  be  seen  the  results. 
These  efforts  of  ours,  these  problems  which  vex  us,  are 
the  same  as  yours,  citizens  of  this  Republic;  the  people  of 
both  nations  are  one  in  their  most  intimate,  honest  aspira- 
tions for  the  well-being  and  felicity  of  the  masses,  based 
on  the  welfare  and  happiness  of  the  homes. 

Consider  our  efforts  and  know  that  we  are  united  against 
the  privileged  individuals  who  utilized  the  oppressive  state 
of  affairs  created  by  them  to  make  capital  out  of  their 
fellow-men. 

The  emancipation  of  the  laborer  will  be  accomplished 
through  the  working  classes  themselves. 

The  Mexican  Revolutionists  are  workers  who  are  com- 
plying with  the  law  of  self-expression  and  self-betterment. 


1 


The  great  interests,  the  privileged  classes,  there  as  well 
as  here,  are  antagonizing  the  Revolution  because  it  will  put 
an  end  to  their  nefarious  work.  Intervention  means  the 
destruction  of  the  spiritual  Idea;  the  brutal  crushing  of  a 
holy  aspiration. 

Bread-winners  of  North  America,  do  you  realize  that  if 
you  permit  the  destruction  of  the  ideal  which  inspires  your 
neighbors  of  the  South  you  will  inevitably  be  weakening 
your  own  cause  also?  Every  noble  breast  and  every  heart 
that  beats  true  should  therefore  recognize  the  duty  of  up- 
holding the  cause  of  the  Constitutional  movement  in  Mexi- 
co and  of  defeating  the  fatal  policy  of  Intervention. 

2 

THE  LABOR  LAW  OF  YUCATAN. 

CHAPTER  I. 

GENERAL  REGULATIONS. 

Article  1.  Labor  is  accomplished  by  free  will.  Conse- 
quently no  authority,  individual,  or  corporation  may  coerce 
the  right  which  all  persons  have  to  dedicate  themselves  to 
the  office  or  profession  most  convenient  and  agreeable  to 
themselves,  to  serve  in  the  place  and  under  the  employer 
that  pleases  them  best,  and  therefore  they  have  complete 
liberty  to  combine  and  to  organize  labor  unions. 

Article  2.  For  the  general  intents  of  this  law,  the  word 
“employer”  will  be  applied  in  reference  to  all  individuals 
or  persons  who  may  be  proprietors  or  directors  of  factor- 
ies, workshops,  industries,  rural  establishments  or  any  other 
arrangements  or  enterprises  whatsoever  where  human  labor 
is  utilized. 

Article  3.  Under  the  designation  of  “laborers’’  will  be 
comprised  all  employees  of  commerce,  operators,  and  ap- 
prentices who  perform  manual  labor  in  any  of  the  centres 
of  activity  to  which  the  preceding  article  has  reference. 

Article  4.  Unorganized  laborers  will  not  obtain  the  ad- 
vantages which  are  conferred  on  organized  workers  with 
regard  to  the  raising  of  wages. 

Article  5.  When  laborers  who  do  not  belong  to  a union 
go  on  strike,  their  places  may  be  taken  by  union  laborers. 

Article  6.  In  every  workshop,  industrial  or  mercantile 
establishment,  at  least  one-half  of  the  staff  of  employees 
must  be  Mexicans. 

Article  7.  Any  establishment  whatever  in  which  there 
are  more  than  two  employees  serving  under  an  employer 
for  the  purpose  of  producing  articles  for  sale,  will  be  con- 
sidered as  a factory. 

Article  8.  By  the  term  “labor  contract”  is  understood 
every  agreement  whereby  a person  binds  himself  to  work 
for  another  in  virtue  of  a remuneration  which  is  fixed  ac- 
cording to  the  time  for  which  said  person  shall  be  em- 
ployed and  the  quantity  and  quality  of  the  work  to  be 
performed. 

Article  9.  The  labor  contract  shall  be  denominated 
“convenio  industrial”  when  it  binds  a union  or  federation 
of  laborers  to  their  employers,  organized  or  not,  and  shall 
only  be  drawn  up  for  a fixed  time  or  for  a specified  work. 
It  is  strictly  and  decisively  prohibited  to  draw  up  tempor- 
ary contracts  to  extend  over  a greater  term  than  two  years. 

Article  10.  The  labor  contract  may  be  arranged  ver- 
bally or  in  writing.  In  case  of  a verbal  agreement,  said 
contract  must  be  in  accord  with  the  terms  of  this  law  and 
must  also  conform  to  the  customs  of  the  place  in  which 


said  contract  is  drawn  up.  In  case  of  a written  agreement, 
the  lawful  stipulations  therein  expressed  as  agreed  upon 
between  the  contracting  parties  must  be  in  conformity  with 
what  is  prescribed  by  this  law.  Written  contracts  must 
be  drawn  up  in  duplicate  and  a copy  shall  remain  in  the 
possession  of  each  party. 

Article  11.  The  employers,  when  drawing  up  a “con- 
venio industrial,”  may  cause  its  stipulation  to  be  applicable 
only  to  those  workers  who  belong  to  the  union  or  federa- 
tion with  which  they  may  be  contracting  or  to  all  of  a 
definite  class  of  laborers,  or  to  all  the  laborers  of  a certain 
district  of  the  State. 

In  their  turn,  the  unions  or  federations  of  workers  who 
agree  to  a “convenio  industrial”  are  bound  by  said  agree- 
ment only.  to  the  employers  or  to  the  union  or  federation 
of  employers  with  which  they  have  contracted,  or  to  a 
certain  definite  class  of  employers,  or  to  all  the  employers 
of  a certain  specified  district  of  the  State. 

Article  12.  In  the  wording  of  the  written  contracts  and 
of  the  “convenios  industriales,”  the  following  formulas 
shall  be  observed : 

1.  Determination,  as  precisely  as  possible,  of  the  service 
agreed  upon  to  be  performed.  In  default  of  the  same  being 
expressly  stated,  it  shall  be  understood  that  the  work  con- 
tracted for  is  the  occupation  at  which  the  worker  is  cus- 
tomarily employed. 

2.  Specification  as  to  whether  the  work  is  to  be  paid 
for  by  measurement  of  the  work,  by  calculation  of  the  time 
spent  thereon,  by  day’s  work  rate,  or  by  completion  in  a 
fixed  time. 

3.  Statement  of  the  rate  of  remuneration  agreed  upon 
and  the  form  in  which  said  payment  must  be  made. 

4.  The  designation  of  the  place  where  the  work  is  to  be 
performed.  Unless  said  designation  is  stated,  the  laborer 
shall  not  be  bound  to  perform  said  work  agreed  upon,  if 
said  place  be  at  a distance  of  more  than  five  kilometres 
from  the  place  where  the  worker  may  be  dwelling  at  the 
time  of  the  contract.  In  addition,  it  must  contain  the 
special  conditions  agreed  upon,  and  said  special  conditions 
must  be  subject  to  and  in  conformity  with  the  obligations 
imposed  by  this  law,  although  the  same  may  not  be  men- 
tioned therein. 

The  “convenios  industriales”  shall  be  registered  in  the 
books  of  registry  of  the  Secretary  of  the  Council  of  Con- 
ciliation. 

Article  13.  Agreements  or  stipulations  such  as  the  fol- 
lowing shall  be  null  and  void : 

1.  Those  which  limit  or  prevent  (to  the  detriment  of 
whichever  of  the  parties  concerned)  the  exercising  of  their 
natural,  civil,  or  political  rights. 

2.  Those  which  mean  for  the  laborer  the  impairment, 
the  loss,  or  irrevocable  sacrifice  of  his  liberty. 

3.  Those  which,  by  reason  of  the  precariousness  of  the 
conditions  of  work,  or  of  inexperience  or  lack  of  intelli- 
gence on  the  part  of  either  of  the  contracting  parties,  may 
impose  conditions  that  are  in  manifest  discord  with  the 
importance  or  the  value  of  the  services  agreed  upon.  In 
such  case,  the  laborer  shall  be  entitled  to  the  same  remun- 
eration as  that  received  by  other  workers  who  might  have 
rendered  similar  services  from  the  time  in  which  they 
form  part  of  a union. 

Article  14.  The  “convenios  industriales”  must  be  made: 

1.  By  the  mutual  consent  of  the  unions  of  laborers  and 
employers. 


2.  In  agreement  with  the  Councils  of  Conciliation. 

The  decisions  of  the  Tribunal  of  Arbitration  have  the 
same  force  and  effect  as  the  “convenios  industriales.” 

The  “convenios  industriales”  and  the  decisions  of  the 
tribunal,  in  connection  therewith  made  during  the  first 
year  of  the  enforcement  of  this  law,  shall  be  valid  for  six 
months,  and  afterwards  one  year. 

The  “convenios  industriales”  contracted  before  the  issu- 
ance of  this  law  and  which  may  not  have  any  specified 
term,  shall  be  held  to  be  valid  for  six  months  calculated 
from  the  date  of  their  making. 

Article  15.  The  “convenios  industriales”  and  the  de- 
cisions of  the  Tribunal  of  Arbitration  have  the  same  power 
and  remain  in  force  even  after  the  terms  fixed  by  this  law 
are  ended,  until  new  “convenios”  or  decisions  be  substi- 
tuted, except  when  the  registry  of  the  union  of  workers  is 
canceled. 

These  cancellations  will  be  accepted  only  after  the 
period  fixed  for  the  duration  of  the  “convenio”  in  which 
they  may  be  bound,  shall  have  expired. 

Article  16.  Parties  legally  capable  to  sign  a labor  con- 
tract are  those  who  are  over  seventeen  years  of  age.  Per- 
sons who  may  be  less  than  seventeen  years  and  over 
thirteen  years  require  the  permission  of  the  persons  who 
exercise  paternal  or  maternal  jurisdiction  over  them.  In 
default  of  the  aforementioned  persons  or  their  representa- 
tives to  give  authority,  the  President  of  the  Municipality 
may  sanction  the  same,  or  the  Alcalde  in  places  where 
Free  Municipal  Government  exists. 

In  order  to  grant  the  authorization  required  by  this  law, 
the  Municipal  President  or  the  Alcalde,  on  receiving  ap- 
plication, verbal  or  written,  shall  fix  a day  and  hour  on 
which  to  meet  the  parties  concerned  and  shall  decide  at  the 
time  of  said  hearing  whether  to  grant  or  refuse  the 
authorization  solicited.  If  the  decision  is  in  the  negative 
it  may  be  submitted  to  the  “Junta  de  Conciliacion”  for  re- 
vision. 

Article  17.  Laborers  who  have  shown  good  conduct 
and  rendered  satisfactory  service  have  the  right  to  exact 
from  their  respective  employers  letters  of  recommendation 
certifying  to  said  facts. 

Article  18.  In  the  industrial,  commercial,  or  agricul- 
tural establishments,  permanent  fields  of  labor,  and  other 
such  places,  there  shall  be  a table  of  Rules  and  Regulations 
giving  in  detail  the  bye-laws  which  the  employers  and  em- 
ployees must  observe  during  their  time  of  service. 

This  table  of  rules  and  regulations  shall  be  kept  in  a 
place  where  it  may  be  easily  seen  and  read,  and  any 
workers  who  may  desire  may  be  permitted  to  make  copies 
of  the  same. 

This  table  of  Rules  shall  be  drawn  up  by  mutual  ac- 
cord, and  if  there  are  any  terms  upon  which  both  parties 
cannot  agree,  they  must  apply  to  the  Board  of  Conciliation 
or  the  Tribunal  of  Arbitration  regarding  same. 

Article  19.  The  last  resort,  the  strike,  must  only  be 
had  recourse  to  in  case  of  extreme  need.  The  surest  means 
of  maintaining  tranquillity  and  contentment  among  all  the 
laborers  are  described  and  summarized  in  the  labor  laws 
herein  and  hereby  decreed,  and  their  fulfillment  completely 
guaranteed  through  the  “Councils  of  Conciliation”  and  the 
Tribunal  of  Arbitration,”  which  call  for  compulsory  ar- 
bitration after  specifying  clearly  what  the  worker  needs  in 
order  to  attain  his  welfare,  whatever  his  social  condition 
may  be. 


Article  20.  Besides  the  “Councils  of  Conciliation”  and 
the  “Tribunal  of  Arbitration,”  which  will  enforce  this  law, 
the  Department  of  Labor  is  also  instituted  and  its  func- 
tions shall  be  to  elaborate  the  perfecting  of  this  law;  to 
supply  information  about  industrial  matters;  to  collect 
statistics;  to  study  the  problems  of  emigration  and  coloni- 
zation; to  manage  the  co-operative  works  undertaken  by 
the  Government  of  the  State;  to  carry  out  the  proper 
construction  of  dwellings  for  the  laborers ; to  procure 
insurance  against  accidents  and  to  take  care  that  the  com- 
panies that  may  be  formed  from  time  to  time  do  not 
abusively  exploit  this  public  necessity;  to  adopt  bye-laws 
and  to  superintend  the  “Mutual  Insurance  Society  of  the 
State.” 

Article  21.  In  order  to  form  an  “industrial  union”  that 
shall  have  corporate  identity  before  the  “Councils  of  Con- 
ciliation” and  the  “Tribunal  of  Arbitration,”  the  following 
requirements  must  be  observed: 

With  reference  to  employers : 

Any  anonymous  society  whatever  of  employers  may  be 
registered  as  an  Industrial  Union  of  Employers  if  said 
society  consists  of  not  less  than  three  employers  who  have 
together  more  than  three  factories  in  the  same  industry 
or  in  similar  industries.  When  they  have  fewer  than 
three,  some  representative  authority  of  the  factory  or  fac- 
tories that  they  have  existing  is  sufficient.  The  employers 
are  at  liberty  either  to  organize  or  to  remain  isolated. 

With  reference  to  laborers : 

An  industrial  Union  of  Laborers  cannot  be  formed  by 
fewer  than  ten  of  the  same  industry  and  in  the  same  “in- 
dustrial district.” 

The  syndicates  of  laborers  that  are  actually  formed  may 
acquire  the  character  of  “unions”  on  the  sole  condition  of 
registering  themselves  in  the  ‘Councils  of  Conciliation.” 

Article  22.  The  “Industrial  Unions  of  Laborers”  of  one 
industry  or  of  analogous  industries  may  form  an  “Indus- 
trial Federation.” 

The  “Unions  and  Federations”  not  registered  or  that 
may  have  cancelled  their  registration,  lose  their  claims  to 
recognition  before  the  Councils  of  Conciliation  and  the 
Tribunal  of  Arbitration. 

The  registry  which  is  kept  in  the  Boards  of  Conciliation 
of  the  “convenios  industriales”  and  other  registrable  acts 
is  public,  and  consequently  every  person  has  the  right  to 
make  himself  acquainted  with  its  contents. 

Article  23.  After  registration  a “Union”  or  “Federa- 
tion” shall  remit  to  the  Boards  of  Conciliation  a weekly 
report  of  its  financial  transactions. 

The  Boards  of  Conciliation  and  the  Tribunal  of  Arbitra- 
tion must  send  every  kind  of  statistical  dat**  to  the  Depart- 
ment of  Labor. 

Article  24.  All  the  acts  necessary  to  comply  with  the 
provisions  of  this  law  are  prescribed  in  the  term  of  one 
year. 

CHAPTER  II. 

Section  1. 

obligatory  arbitration. 

Article  25.  In  order  to  settle  differences  that  may  arise 
between  the  laborers  and  their  employers,  Councils  of 
Conciliation  are  established  and  a Tribunal  of  Arbitration 
with  the  organization  and  functions  expressed  in  this  law. 
These  Councils  and  the  Tribunal  for  Compulsory  Arbitra- 
tion will  undertake  to  enforce  in  all  their  extensiveness 


3 


the  laws  regulating  labor,  being  endowed  with  complete 
liberty  and  ample  executive  power  by  this  legislation.  This 
organization,  the  Tribunal  of  Arbitration,  in  essence  con- 
stitutes an  independent  power  so  that  labor  and  capital 
may  adjust  their  differences  automatically,  seeking  always 
the  form  most  just  and  fair  to  both  parties  concerned, 
without  haveing  recourse  to  strikes,  which  are  always  in- 
jurious to  the  interests  of  all. 

Article  26.  In  order  to  take  care  of,  inspect  the  work- 
ings, and  fulfill  the  terms  of,  the  Labor  Law,  the  State 
shall  be  divided  into  five  industrial  districts.  These  In- 
dustrial Districts  are : 

Progreso,  which  consists  of  the  District  of  Progreso. 

Merida,  which  includes  the  Districts  of  Maxcanu,  Hunu- 
cuma,  Izamal,  and  Sotuta. 

Motul,  which*consists  of  Motul,  Temax,  and  Tixkokob. 

Espita,  which  includes  Espita,  Valladolid,  and  Tizimin. 

Ticul,  which  consists  of  the  Partidos  of  Ticul,  Tejaz, 
Peto,  and  Acanaceh. 

Section  2. 

BOARDS  OF  CONCILIATION. 

Article  27.  In  each  industrial  district  there  shall  be  a 
Board  of  Conciliation,  whose  object  is  to  adjust  the  rela- 
tions between  employers  and  laborers,  to  settle  differences 
and  to  enforce  the  fulfillment  of  the  labor  laws  in  compli- 
ance with  the  powers  which  this  law  confers. 

Article  28.  The  ‘‘Councils  of  Conciliation”  shall  be 
formed  in  the  district  of  Merida  by  four  proprietary  mem- 
bers and  four  substitutes.  Two  proprietary  members  and 
two  substitutes  shall  be  elected  by  the  employer,  and  two 
proprietary  members  and  two  substitutes  by  the  laborers. 

Article  29.  In  the  other  “industrial  districts”  the  Coun- 
cils shall  consist  of  a representative  of  each  party  and  their 
substitutes.  The  omission  of  an  election  in  these  cases  will 
not  prevent  the  Councils  from  being  formed,  as  nomination 
by  the  Executive  of  the  State  may  take  the  place  of  such 
election. 

The  members  of  the  Council  of  Conciliation  shall  be 
changed  every  year,  the  elections  to  take  place  in  the  month 
of  December,  and  the  new  members  shall  take  office  on  the 
first  of  January. 

Article  30.  The  internal  ruling  of  the  Councils  of 
Conciliation  shall  establish  the  details  of  the  meetings  of  the 
Councils  and  the  forms  of  working  which  they  will  adopt, 
the  duties  and  faculties  of  the  inspectors  and  the  employees 
in  connection  with  the  offices  of  these  Boards,  as  well  as  the 
form  of  election  which  they  will  adopt. 

The  members  of  the  “Board  of  Conciliation”  shall  re- 
ceive a salary  to  be  fixed  and  paid  by  the  State. 

Article  31.  The  “Councils  of  Conciliation”  shall  have, 
besides,  a secretary  in  charge  of  the  Registry  and  a clerk 
to  aid  them  in  the  work  of  the  office. 

Dependent  upon  each  “Board  of  Conciliation”  there  shall 
be  a body  of  inspectors  whose  duty  it  shall  be  to  enforce 
compliance  with  the  laws  of  labor  and  the  contracts  made 
in  conformity  thereto.  These  inspectors  must  advise  the 
Councils,  in  case  of  any  and  all  disputes,  and  in  normal 
times  must  provide  information  on  the  condition  of  the 
industry  and  of  the  laborers  in  general.  They  shall  also 
serve  as  the  source  through  which  the  Councils  will  receive 
claims  and  petitions  and  every  kind  of  complaint  from  both 
laborers  and  employers,  and  they  also  shall  make  known  to 


the  claimants,  plaintiffs,  and  defendants  the  decisions  of  the 
Council. 

Article  32.  The  Council  is  empowered  to  nominate  the 
inspectors  in  its  district. 

Article  33.  To  commence  with,  two  inspectors  will  now 
be  appointed  in  Merida  and  one  in  each  of  the  other  indus- 
trial districts.  Afterwards,  such  as  are  considered  neces- 
sary (in  excess  of  these  now  appointed)  to  render  efficient 
service,  shall  be  appointed  as  conditions  may  dictate. 
These  inspectors  shall  be  required  to  illustrate  and  interpret 
to  the  laborers  the  spirit  of  this  law,  explaining  to  them 
the  significance  of  the  contracts  and  propaganda  and  the 
conveniences  and  advantages  that  lie  in  having  all  the 
laborers  bound  by  written  contract  to  their  employers. 

Article  35.  When  a complaint  is  lodged  in  the  form 
indicated  by  the  bye-law  regarding  a new  agreement  to  be 
made  or  a violation  of  an  existing  agreement,  the  aggrieved 
party,  on  making  his  demand,  shall  name  delegates  not 
fewer  than  three  in  number;  the  inspector  or  the  secre- 
tary who  may  receive  the  demand  shall  summon  the  other 
party,  notifying  him  that  he  must  name  an  equal  number  of 
delegates  so  that  the  Board  of  Conciliation  thus  constituted, 
may  meet  within  a period  of  time  not  greater  than  five 
days  from  the  day  on  which  the  grievance  is  presented, 
and  commence  to  make  a thorough  investigation  of  the 
matter  in  question. 

Article  36.  The  delegates  named  to  appear  before  the 
Councils  of  Conciliation  should  be  persons  occupied  in  the 
same  industry  in  which  the  conflict  occurs,  except  in  special 
cases  which  the  Council  may  permit  that  it  be  otherwise. 

Article  37.  The  unions  or  federations  of  employers,  in 
like  manner  as  those  of  the  laborers,  may  revoke  at  any 
time  whatever  the  delegate  or  delegates  named  by  them  to 
appear  before  the  Councils  of  Conciliation  and  the  Tribunal 
of  Arbitration,  substituting  for  said  delegate  or  delegates 
another  who  may  be  deemed  more  suitable. 

Article  38.  When  the  Council  is  formed,  consisting  of 
delegates  in  conformity  with  Article  35,  it  shall  proceed  to 
make  the  investigations  necessary  and  to  examine  the  mat- 
ter in  question,  within  a period  of  time  not  in  excess  of 
fifteen  days. 

Article  39.  If  no  satisfactory  decision  is  arrived  at, 
the  Council  shall  forward  the  proceedings,  at  the  expiration 
of  the  fifteen  days  specified,  to  the  Tribunal  of  Arbitra- 
tion, in  which  the  same  delegates  named  to  appear  before 
the  Council  of  Conciliation  will  be  recognized. 

Article  40.  It  is  the  duty  of  the  Council  during  the 
“period  of  Conciliation”  to  use  its  efforts  to  make  the 
parties  concerned  arrive  at  an  agreement,  either  provisional 
as  an  experiment,  or  final  in  the  form  of  a “convenio  in- 
dustrial.” 

Article  41.  If  the  Board  of  Conciliation  agrees  to  re- 
commend a provisional  form  of  compromise,  the  same  must 
be  complied  with  by  both  parties  for  one  month  with  all 
the  conditions  of  a “convenio  industrial,”  in  order  to  deter- 
mine the  result  in  a practical  manner,  but  both  parties 
have  the  right  to  manifest  their  dissatisfaction  during  said 
month;  otherwise,  if  none  of  the  parties  oppose  the  same 
form  during  this  time,  it  becomes  automatically  binding  to 
the  same  extent  as  a “convenio  industrial.” 

In  case  any  of  the  parties  concerned  do  not  approve  of 
the  tentative  form  of  compromise,  and  are  not  satisfied, 
the  ordinary  course  of  proceedings  in  such  cases  shall  be 
followed.  i | | I -I 


Article  42.  Any  employer  can  be  summoned  to  appear 
before  .the  Councils  of  Conciliation  or  before  the  Tribunal 
of  Arbitration  by  a “union”  or  “federation”  of  laborers, 
registered  as  such ; but  the  laborers  may  be  summoned 
before  the  Councils  by  the  employers  only  in  case  they 
registered  voluntarily  according  to  the  law,  forming  an 
“industrial  union  of  laborers.” 

Section  3. 

TRIBUNALS  OF  ARBITRATION. 

Article  43.  A Tribunal  of  Arbitration  shall  be  estab- 
lished in  the  Capital  of  the  State,  with  the  form  and  the 
powers  assigned  to  it  by  law. 

Article  44.  The  Tribunal  of  Arbitration  has  power  to 
decide  without  there  being  any  appeal  from  said  decision, 
on  all  matters  which  may  be  presented  before  it;  except 
in  very  extreme  cases,  where  it  may  be  found  necessary  to 
go  very  much  beyond  what  is  prescribed  by  the  law. 

Article  45.  The  “Tribunal  of  Arbitration”  will  be 
formed  by  three  members : 

1.  A representative  of  the  working  people,  elected  by  all 
the  “unions”  of  the  workers  of  the  State. 

2.  A representative  of  the  employers  elected  by  all  the 
unions  and  employers  of  the  State. 

3.  A presiding  judge,  who  shall  be  named  by  the  Coun- 
cils of  Conciliation,  whose  members  shall  assemble  in 
Merida  once  a year  for  the  last  ten  days  of  the  month  of 
December.  If  at  said  meeting  a decision  is  not  arrived  at 
regarding  this  nomination,  the  Executive  of  the  State  shall 
designate  a presiding  judge. 

Article  46.  The  members  of  the  Tribunal  of  Arbitra- 
tion shall  remain  in  office  for  one  year  and  may  not  be  re- 
elected for  office  the  year  immediately  following  that  during 
which  they  served. 

Article  47.  The  delegates  named  by  the  industrial 
unions  in  each  dispute  before  the  Council  of  Conciliation 
shall  have  representative  capacity  before  the  Tribunal  of 
Arbitration  also,  when  the  conflict  is  referred  to  this  Tri- 
bunal. 

These  delegates  are  obliged  to  inform  the  Tribunal  re- 
garding all  matters  that  may  be  to  the  interests  of  said 
Tribunal  to  know,  in  order  to  facilitate  their  efforts  for  the 
solution  of  the  difficulty.  They  shall  have  the  right  to  pro- 
duce the  proofs  which  they  may  possess  and  to  assist  in 
all  the  investigations  and  debates  and  discussions,  with 
power  to  take  part  in  them  as  well  as  to  be  present  at  the 
voting  of  the  members  of  the  Tribunal,  which  in  every 
case  must  be  by  word  of  mouth. 

Article  48.  In  order  to  be  able  to  settle  the  disagree- 
ments that  will  be  presented  before  it,  the  Tribunal  of 
Arbitration  shall  possess  the  most  ample  authority;  it 
shall  hear  the  testimony  of  witnesses  and  compel  such 
persons  as  may  have  knowledge  of  the  case  in  question,  to 
testify  under  penalty  of  fine  if  they  refuse  to  do  so;  shall 
have  free  access  to  all  the  establishments,  factories,  boats, 
and  other  places  connected  with  the  operations  of  an  in- 
dustry, or  where  any  kind  of  work  is  carried  on,  or  where 
anything  is  done  or  made,  or  may  have  been  made  or  done 
that  may  have  caused  a complaint  to  be  brought  before  the 
“Council  of  Conciliation”  or  the  “Tribunal  of  Arbitration.” 
Said  Tribunal  may  also  command  that  the  books,  docu- 
ments, papers  and  correspondence  which  the  parties  may 
retain  or  of  which  they  may  possess  evidence,  be  submitted 
before  the  said  Tribunal  in  evidence. 


Article  49.  The  decisions  of  the  Tribunal  shall  be  by 
majority  of  votes,  and  in  them  shall  be  set  forth  to  what 
industry  or  what  similar  industries  said  judgments  are 
applicable,  and  also  whether  said  decisions  are  applicable 
to  only  one  “industrial  district”  or  to  the  entire  State. 

Article  50.  The  time  that  elapses  from  the  receipt 
by  the  Tribunal  of  Arbitration  of  the  appeal  passed  on  to 
them  from  the  “Councils  of  Conciliation”  until  the  deliv- 
ery of  their  final  judgment,  shall  not,  in  any  case,  be  more 
than  thirty  days. 

Article  51.  In  calculating  the  periods  of  time  specified 
and  fixed  in  this  chapter,  Sundays  and  days  of  national 
holidays  and  feasts,  shall  not  be  included. 

Article  52.  If,  during  the  sessions  of  the  Tribunal  of 
Arbitration,  the  delegates  declare  that  they  have  arrived  at 
a decision  solving  the  question  at  issue  and  settling  the 
dispute,  the  Tribunal  shall  declare  the  proceedings  closed 
and  the  matter  settled,  and  shall  grant  to  the  agreement 
reached  the  force  and  value  of  a “convenio  industrial.” 

Article  53.  The  judgments  of  the  Tribunal  of  Arbitra- 
tion dictated  with  the  binding  force  and  value  of  a “con- 
venio industrial,”  are  applicable  to  and  binding  on  the  em- 
ployers and  the  industrial  unions  that  may  just  be  about  to 
commence  their  labors,  or  that  may  be  organized  while  a 
decision  is  pending,  except  in  cases  in  which  the  decisions 
may  have  been  expressly  limited  to  one  “industrial  district,” 
separate  and  apart  from  that  in  which  the  new  employers 
and  “industrial  unions”  may  happen  to  be  operating. 
CHAPTER  III. 

DUTIES  AND  OBLIGATIONS  OF  EMPLOYERS  AND  WORKMEN. 

Article  54.  The  employer  and  the  laborer  must  main- 
tain reciprocally  equal  respect  and  consideration  the  one 
for  the  other. 

Article  55.  The  employer  is  bound  by  law  as  follows : 

1. *  Not  to  differentiate  among  the  workers  by  reason 
of  nationality,  whether  in  regard  to  salary,  or  to  conditions 
of  living  during  the  time  of  their  service,  or  to  the  treat- 
ment and  consideration  due  to  every  worker. 

2.  To  provide  for  the  worker  all  utensils,  instruments 
and  materials  necessary  for  the  proper  performance  of  the 
work  agreed  upon. 

3.  To  observe  towards,  and  to  make  observed  by,  the 
laborer,  good  manners  during  the  time  of  his  service. 

Article  56.  The  employer  must  take  care  that  the  tools 
and  implements  of  work  belonging  to  the  laborer  are  pre- 
served in  good  condition,  so  long  as  said  articles  remain 
on  the  premises  in  which  the  services  are  being  rendered, 
without  its  being  legal,  in  any  case,  for  the  employer  to 
detain  said  articles  for  indemnification,  guaranty,  or  secur- 
ity, or  any  other  purpose. 

Article  57.  The  employer  is  bound  to  pay  the  wages 
corresponding  to  the  time  lost  by  a laborer,  who,  being 
present  in  the  workshop  or  other  place  of  labor,  employed 
to  do  piece  work,  task  work,  or  to  work  jointly  with  other 
laborers,  is  unable  to  perform  his  work  through  any  fault 
of  the  employer. 

Article  58.  The  laborers  who  may  have  been  trans- 
ported from  their  homes  to  a distance  greater  than  five 
kilometres  in  order  to  render  service  for  their  employer, 
must  be  transported  back  to  their  residences  at  the  conclu- 
sion of  their  time  of  service,  at  the  expense  of  their  em- 
ployer, should  said  workers  so  demand. 

Article  59.  The  laborer  is  bound : 

1.  To  submit  to  the  authority  and  direction  of  the  em- 


5 


ployer  or  his  representatives  in  all  matters  pertaining  to 
the  object  of  the  work. 

2.  To  render  service  with  the  proper  intensity,  careful- 
ness, and  attention  due. 

3.  To  comply  with  the  rules  specified  in  the  table  of 
regulations  of  the  workshop  and  industry. 

4.  To  abstain  from  any  and  everything  that  would  tend 
to  endanger  his  own  safety,  that  of  his  companions  in 
labor,  or  the  safety  of  third  parties,  such  as  persons  in  the 
buildings,  workshops,  or  place  in  which  said  laborer’s  work 
is  being  performed. 

5.  To  observe  good  manners  towards  all  parties  during 
the  time  of  the  contract. 

6.  To  restore  to  the  employer  all  unused  material,  and 
to  return  in  good  condition  the  instruments  and  utensils 
that  may  have  been  entrusted  to  said  workers;  not  being 
responsible  for  deterioration  due  to  the  normal  use  of  said 
articles  nor  for  that  caused  by  accident  or  by  circumstances 
beyond  human  control,  such  as  war,  pestilence,  or  the 
elements. 

7.  To  work,  in  cases  of  imminent  peril,  or  of  unforseen 
circumstances  of  superior  force,  such  as  war,  pestilence,  the 
fury  of  the  elements,  etc.,  for  a time  in  excess  of  that  which 
is  designated  as  constituting  the  legal  day,  and  to  receive 
for  such  services  a corresponding  increase  of  remunera- 
tion. 

8.  To  reimburse  the  employer  for  the  damages  and 
losses  which,  by  abandonment,  qualified  carelessness  or 
negligence,  or  by  disobedience  of  orders,  may  be  occasioned 
to  said  employer  through  acts  or  omissions  on  the  part  of 
the  workers,  such  as  may  have  been  overlooked  when  the 
table  of  rules  and  regulations  of  the  workshop  in  question 
was  drawn  up  and  which  therefore  may  not  have  been  dealt 
with  or  mentioned  specifically  in  the  same. 

Article  60.  The  laborer  is  not  responsible  for  imper- 
fections in  the  work  produced,  if  said  imperfections  are 
due  to  the  bad  quality  of  the  materials  used  or  to  defective 
instruments  supplied  to  him  by  the  employer.  Neither 
can  said  laborer  be  held  responsible  for  the  imperfections 
discovered  in  products,  even  if  said  imperfections  were 
due  to  the  fault  of  said  worker,  once  said  products  or 
articles  of  manufacture  have  been  accepted  by  the  employer. 

Article  61.  The  laborer  must  render  in  person  the 
work  which  he  is  employed  to  perform,  but  he  may  engage 
a substitute  when  so  authorized  by  the  contract  or  by  cus- 
tom, or  when  the  employer  does  not  expressly  oppose  the 
substitution. 

The  substitute  takes  the  place  entirely  of  the  one  he  is 
representing,  having  direct  rights  and  obligations  toward 
the  employer  and  vice  versa. 

The  substitute  shall  not  have  any  responsibility  for  the 
selection  made  by  the  party  for  whom  he  is  substituting. 

Article  62.  The  laborer  must  guard  faithfully  and 
assiduously  the  secrets  regarding  the  manufacture  of  the 
products  in  whose  production  said  worker  contributes 
directly  or  indirectly.  The  revelation  of  these  secrets 
shall  make  the  laborer  liable  for  damages  and  for  the 
losses  that  may  thereby  be  occasioned,  apart  from  the 
penalties  that  said  worker  may  thereby  incur. 

Article  63.  The  labor  contract  is  terminated: 

1.  By  such  causes  as  are  expressly  stipulated  in  the 
contract. 

2.  By  the  death  of  the  laborer, 


3.  By  the  conclusion  of  the  work  for  which  the  contract 
was  made. 

4.  By  circumstances  due  to  superior  force  (war,  epi- 
demics, or  the  fury  of  the  elements). 

5.  By  mutual  consent. 

6.  By  the  employer  having  to  dismiss  the  laborer  for 
justifiable  cause. 

7.  By  the  laborer’s  voluntary  withdrawal. 

Article  64.  The  “convenios  industriales”  are  terminated 
by  the  causes  set  forth  in  Sections  3,  4 and  5,  of  the  pre- 
ceding article. 

Article  65  .The  following  will  be  considered  as  cir- 
cumstances due  to  “superior  force” : Fire,  explosions,  earth- 
quake, epidemics  and  pestilence,  and  other  similar  occur- 
rences which  are  totally  foreign  to  the  will  of  the  employer 
and  which  may  necessitate  the  suspension  of  work  for  more 
than  thirty  days. 

Article  66.  The  employer  may  not  dismiss  the  laborer 
nor  may  the  latter  retire  from  rendering  service  before 
the  expiration  of  the  agreed  or  legal  time  of  the  contract 
or  the  “convenio  industrial,”  or  from  the  conclusion  of  the 
work  without  justifiable  motive. 

Article  67.  Justifiable  causes  for  which  the  employer 
may  dismiss  the  laborer  are  the  following: 

1.  If  the  laborer  is  discovered  to  have  deceived  the 
employer  at  the  time  of  his  engagement  by  tendering  false 
certificates  or  forged  references,  or  if  the  laborer  repre- 
sents his  capacity,  ability,  aptitude  or  other  faculties  as 
being  greater  than  what  he  possesses  in  reality. 

2.  If  the  worker  is  found  lacking  in  probity,  in  good  con- 
duct, or  is  found  to  inflict  injuries  or  illtreatment  on  his 
employer  or  the  relatives,  wife,  or  children  of  the  same,  or 
against  his  chiefs  or  companions  in  labor. 

3.  If  the  laborer  deliberately  does  material  damage, 
during  the  time  of  his  service,  to  the  buildings,  works, 
machinery,  instruments  of  labor,  raw  materials,  and  other 
articles  related  to  the  work,  or  if  on  his  account  any  of  the 
same  suffer  damage. 

4.  If  the  laborer  commits  immoral  acts  in  the  workshop, 
establishment,  or  place  of  labor  during  the  fulfillment  of 
the  contract. 

5.  If  the  laborer  publishes  or  reveals  any  of  the  secrets 
regarding  the  manufacture  of  the  commodity. 

6.  If  the  worker  compromises,  by  any  act  of  gross  care- 
lessness, the  security  of  the  workshop  or  the  establishment 
or  the  persons  therein  located. 

7.  If  the  worker  is  found  more  than  five  times  in  thirty 
consecutive  days  guilty  of  avoidable  lack  of  punctuality, 
or  of  absence  from  work,  disobedience  to  the  directing 
personnel  of  the  workshop  or  infractions  of  the  rules  of 
the  same. 

8.  If  the  worker  presents  himself  at  the  working  place 
while  under  the  influence  of  strong  drink. 

Article  68.  Justifiable  causes  for  which  the  laborer  may 
resign  are  the  following; 

1.  If  the  laborer  finds  that  the  employer  is  dishonest 
or  is  cruel  to  the  laborer,  or  has  knowledge  of,  or  gives 
consent  to,  the  infliction  of  cruel  treatment  on  the  worker 
by  anyone  under  his  charge,  or  against  the  wife,  children 
or  older  relatives  of  said  laborer. 

2.  If  the  laborer  suffers  material  injuries  deliberately 
due  to  the  employer,  while  carrying  out  the  terms  of  the 
contract,  or  on  account  thereof  in  things  pertaining  to  the 
worker  or  that  may  be  entrusted  to  his  care. 


6 


3.  If  the  employer  performs  immoral  acts  in  the  work- 
shop or  place  of  work,  during  the  time  of  the  contract. 

4.  If  the  laborer  finds  that  he  is  in  any  moral  danger 
or  any  members  of  his  family  who  may  happen  to  be  in 
the  place  where  the  service  is  rendered  or  who  live  at  said 
place ; said  moral  danger  being  due  to  acts  or  suggestions 
of  the  employer. 

5.  If  the  laborer  finds  that  his  personal  safety  or  his 
health  are  endangered  by  lack  of  proper  hygienic  conditions 
in  the  workshop  or  working  place,  when  neither  depends 
directly  on  the  nature  of  the  work  contracted  to  be  done. 

6.  The  supervention  of  illness  which  may  prevent  the 
laborer  from  working  for  more  than  thirty  days. 

Article  69.  Further,  for  the  woman  who  is  employed 
and  dwells  in  the  home  of  the  employer,  it  will  be  suffi- 
ciently justifiable  cause  for  her  to  withdraw  from  service 
in  said  residence  if  the  wife  of  her  employer  dies ; likewise 
the  death  or  retirement  of  any  other  woman  who  may  have 
in  her  care  the  management  of  the  house.  As  also  the 
lactation  of  her  child,-  should  she  give  birth  to  a child 
during  said  service,  if  said  lactation  be  incompatible  with 
the  work  she  may  have  to  do  in  the  household. 

Article  70.  The  employer  who  dismisses  a laborer  or 
laborers,  or  the  laborers  who  retire  from  service  on  account 
of  any  of  the  motives  considered  by  law  as  justifiable,  do 
not  incur  any  responsibility  by  so  doing. 

CHAPTER  IV. 

MAXIMUM  DAY. 

Article  71.  The  maximum  day  of  ordinary  labor  in  the 
field  must  not  be  more  than  eight  hours  daily,  and  forty- 
four  per  week,  with  half  a day  of  rest. 

Masons,  carpenters,  smiths,  etc.,  eight  hours  daily  and 
forty-four  per  week.  In  the  public  and  private  office  eight 
and  a half  hours  daily,  excepting  one  day  in  the  week, 
differing  in  the  divers  kinds  of  shops  whose  day  will  com- 
prise ten  hours,  with  a total  at  the  end  of  the  week  of 
forty-eight  working  hours. 

In  restaurants,  hotels,  and  cafes,  eight  and  a half  hours 
daily  and  fifty-one  for  a week  of  seven  days,  with  one  day 
of  rest. 

The  industrial  workers  that  have  not  been  herein  named 
shall  have  their  hours  fixed  before  the  Councils  of  Con- 
ciliation. 

Extra  work  may  not  exceed  in  any  case  more  time  than 
one-fourth  of  the  ordinary  working  day,  except  in  circum- 
stances due  to  “superior  force.” 

Article  72.  The  day  commences  at  the  moment  when 
the  laborer  starts  to  work  in  the  establishment  or  place  in 
which  he  must  labor,  and  ends  when  the  time  expires  that 
is  specified  there. 

Neither  the  time  that  the  laborer  spends  for  meals  nor 
that  assigned  to  rest  will  be  calculated  in  the  day. 

Article  73.  All  the  laborers  are  entitled  to  half  a day’s 
rest  in  a week  of  six  days,  and  regarding  this  they  may 
come  to  an  agreement  with  their  employers  through  the 
Councils  of  Conciliation  in  each  district.  The  half-holidays 
of  each  week  may  be  allowed  to  accumulate  in  the  factor- 
ies, offices,  etc.,  during  three  months,  and  then  the  em- 
ployees will  be  entitled  to  a week  of  vacation. 

The  day’s  work  must  not  be  continuous,  but  the  laborer 
must  have  some  rest  during  its  course,  say  about  an  hour 
and  a half,  but  no  more. 


CHAPTER  V. 

WOMEN  AND  CHILDREN. 

Article  74.  It  is  forbidden  for  boys  less  than  thirteert 
years  and  girls  less  than  fifteen  to  work  in  factories  or  any 
other  establishment. 

Article  75.  Boys  younger  than  fifteen  years  and  girls 
of  less  than  eighteen  years  must  not  work  at  night,  nor 
may  they  be  employed  in  any  labors  that  would  endanger 
their  health  or  their  morals. 

Article  76.  The  stipulation  made  regarding  night  work 
contained  in  the  preceding  article  does  not  refer  to  women 
(adults)  who  are  domestic  servants  or  occupied  in  the  care 
of  the  sick,  or  enterprises  of  public  amusement,  such  as 
theatrical  work. 

Article  77.  Males  of  less  than  fifteen  years  and  females 
of  less  than  eighteen  may  not  be  employed  in  the  manu- 
facture of  products  that  contain  anything  that  may  be 
injurious  to  the  health,  nor  may  they  be  employed  in  places 
that  are  dangerous. 

Article  78.  It  is  forbidden  to  utilize  the  labor  of 
children  less  than  fifteen  years  of  age  in  theatres,  whether 
in  representations  or  in  works  of  utility. 

Article  79.  It  is  forbidden  for  women  to  work  thirty 
days  before  parturition  and  during  the  thirty  days  follow- 
ing, but  they  must  receive  their  complete  salary  during  this 
time  and  their  positions  must  be  reserved  for  them. 

Article  80.  In  establishments  where  women  are  em- 
ployed there  must  be  a special  floor  in  a state  of  perfect 
sanitation,  in  which  women  may  give  nourishment  to  their 
babies — fifteen  minutes  every  two  hours — without  said  in- 
tervals of  time  being  deducted  from  the  time  allotted  for 
rest. 

Article  81.  The  industrial  managers,  the  merchants  or 
their  representatives  who  employ  minors  to  which  this  law 
refers,  shall  be  obliged  to  keep  a register  in  which  shall 
be  set  down  their  Christian  names  and  surnames,  the  place 
and  date  of  their  birth,  their  residence,  and  the  names,  sur- 
names, profession,  and  place  of  residence  of  their  parents 
or  guardians  and  instructors.  These  data  shall  be  com- 
municated to  the  “Councils  of  Conciliation,”  who  will  verify 
same  by  means  of  their  inspectors. 

Article  82.  The  local  municipal  authority  may  order  at 
any  time  a medical  examination  for  minors  occupied  in  any 
industrial  or  commercial  establishment,  and  the  withdrawal 
of  such  whose  health  or  normal  development  may  be  pre- 
judiced by  the  class  of  work  in  which  they  may  be  engaged. 

CHAPTER  VI. 
salaries. 

HrticlE  83.  It  is  ordained  that  no  salary  shall  be  less 
than  two  pesos  daily,  whatever  may  be  the  occupation  or 
the  place  of  work.  In  the  case  of  apprentices,  the  salary 
shall  in  no  case  be  less  than  one  peso;  for  domestic  ser- 
vants of  whatever  condition  or  sex,  the  minimum  salary 
shall  in  no  case  be  less  than  fifty  centavos  daily,  and  such 
servants  shall  be  entitled  to  receive  good  food,  lodging, 
and  treatment. 

Article  84.  The  minimum  salary  in  each  locality  and  in 
each  industry  shall  be  fixed  by  the  Boards  of  Conciliation 
or  by  the  Tribunal  of  Arbitration.  The  criterion  for 
this  minimum  salary  shall  be  determined  by  the  needs  of 
an  individual  of  medium  productive  capacity  to  enable  him 
to  live  with  his  family  and  enjoy  certain  commodities  in 


7 


food,  housing,  and  clothing  suited  to  his  social  condition, 
and  to  engage  in  the  social  relations  which  a man  needs  in 
order  to  improve  his  mind. 

The  minimum  salary  fixed  by  the  Board  of  Conciliation 
shall  run  for  the  same  length  of  time  as  the  “convenios 
industriales.” 

Article  85.  The  investigation  of  what  should  be  neces- 
sary to  enable  the  workingman  to  live  in  such  state  of  well- 
being, defined  in  the  previous  article,  shall  take  place  in 
accordance  with  the  regulations  stipulated  by  the  Boards 
of  Conciliation  in  the  light  of  public  opinion  and  weighing 
all  the  considerations  that  the  most  exacting  sense  of 
justice  may  bring  forward. 

It  shall  always  be  borne  in  mind  that  it  is  not  a question 
of  salary,  simply  to  maintain  the  actual  position  of  the 
workingman,  but  rather  the  necessity  of  raising  him  to  a 
condition  superior  to  that  under  which  he  has  hitherto 
lived. 

Article  86.  The  rising  scale  of  wages  of  the  apprentices 
shall  be  fixed  by  the  Boards  of  Conciliation  and  on  the  ini- 
tiative of  the  inspectors. 

Article  87.  Salaries  shall  neither  be  given  nor  withheld 
save  in  accordance  with  the  stipulations  of  Article  91. 

They  are  privileged  and  preferred  in  payment,  the  same 
as  in  cases  of  indemnification  for  accidents. 

Article  88.  The  payment  of  salaries  shall  take  place 
weekly.  Every  payment  that  is  not  in  cash  shall  be  con- 
sidered worthless.  The  payment  of  salaries  in  kind  shall 
be  prohibited,  save  in  the  case  of  employees  of  these  estab- 
lishments. 

Article  89.  Extra  work  shall  be  paid  for  in  proportion 
to  the  daily  wage  earned  by  the  hour,  with  50%  added  if 
the  extra  work  is  done  during  the  day  and  100%  if  said 
work  is  done  at  night. 

Article  90.  No  deductions  shall  be  made  from  wages  to 
make  payment  of  insurance  against  accidents  while  at  work, 
in  case  institutions  of  this  nature  are  ultimately  established. 

Article  91.  In  conformity  with  the  terms  of  Articles 
122,  124  and  130,  the  laborers  may  be  fined  individually  in 
sums  up  to  fifty  pesos,  and  in  order  to  enforce  the  payment 
of  such  fines,  the  Tribunal  shall  order  the  employers  to 
retain  from  the  laborers  fined,  a part  of  their  salary  every 
week,  up  to  about  ten  per  cent,  of  said  salary,  but  provided 
that  the  amount  that  the  laborer  would  receive  after  this 
ten  per  cent,  has  been  deducted,  does  not  fall  below  the 
minimum  salary  absolutely  fixed  by  law. 

CHAPTER  VII. 

HYGIENIC  and  safety  regulations. 

Article  92.  The  sanitary  state  of  the  factories  and 
workshops  shall  be  subjected  to  the  following  regulations: 

1.  They  must  be  kept  in  a perfect  state  of  cleanliness. 

2.  They  must  be  so  constructed  that  all  effluvia  arising 
from  sink-holes,  water-closets,  sewers,  and  whatever  other 
sources  that  might  be  disgusting  and  unwholesome,  may 
be  minimized. 

3.  They  must  be  ventilated  in  such  a manner  as  to  ren- 
der inoffensive  as  much  as  possible,  gases,  vapors,  dust, 
and  other  impurities  produced  in  the  course  of  the  indus- 
trial or  manual  work  and  which  may  be  dangerous  to  the 
health  of  the  workers. 

4.  During  working  hours  a greater  number  of  persons 
must  not  be  crowded  together  than  what,  taking  into  con- 


sideration the  capacity  of  respirable  air,  may  remain  to- 
gether without  detriment  to  each  other’s  health. 

5.  Any  other  rules  whatever  that  the  sanitary  authori- 
ties may  specify. 

Article  93.  A certain  specified  time  shall  be  granted  by 
the  proper  authorities  for  the  accomplishment  of  changes 
or  repairs,  or  the  adoption  of  new  measures  to  safeguard 
the  health  of  the  workers,  or  for  their  moral  betterment; 
and  if,  at  the  expiration  of  said  time  said  changes  have  not 
been  made,  the  omission  shall  be  considered  an  infringe- 
ment on  the  law,  unless  the  reforms  planned  are  in  direct 
contravention  to  the  text  of  the  law. 

Article  94.  Unless  expressly  stipulated  to  the  contrary, 
it  is  estimated  that  the  quantity  of  air  required  for  the 
salubrity  of  the  rooms  of  the  factory  or  workshop  is  ten 
(10)  cubic  metres  per  head  at  the  very  least. 

Article  95.  In  all  the  factories  or  workshops  there 
shall  be  placed  a notice  specifying  the  number  of  persons 
that  may  be  employed  in  each  department,  and  their  re- 
spective tables  of  regulations  may  be  arranged  in  con- 
formity with  this  law. 

Article  96.  Factories  and  workshops  must  be  provided 
with  adequate  and  sufficient  sanitary  installations,  with 
separate  quarters  for  each  sex,  if  the  staff  consists  of  male 
and  female  workers. 

Article  97.  The  work-room  shall  be  conveniently 
lighted  so  as  not  to  endanger  the  eyesight  of  the  workers. 

Article  98.  There  shall  be  at  the  disposal  of  everyone 
throughout  the  factory,  a quantity  of  filtered  water  suffi- 
cient for  their  needs. 

Article  99.  It  is  forbidden  for  alcoholic  liquors  to  be 
brought  into  workshops  and  dependencies. 

Article  100.  When  the  nature  of  the  work  is  such  that 
it  is  necessary  for  the  workers  to  change  their  clothing  be- 
fore entering  and  after  leaving  the  work-room,  there  shall 
be  set  apart  for  the  workers  of  each  sex,  a room,  distinct 
from  those  in  which  work  is  performed,  with  sufficient 
washing  accommodations  and  baths. 

Article  101.  The  “Junta  de  Sanidad  del  Estado”  (The 
Board  of  Health  of  the  State)  in  harmony  with  the  Labor 
Department,  shall  draw  up  within  the  space  of  six  months, 
the  sanitary  rules  which  must  be  observed  in  every  kind  of 
factory  or  establishment  in  which  work  is  carried  on. 

Article  102.  For  reasons  of  safety: 

All  elevators,  windlasses,  fly-wheels  directly  connected 
with  a steam,  oil,  gas  or  other  motor  must  be  protected. 

All  dangerous  parts  of  machinery  and  the  apparatus  for 
transmission  must  be  protected  or  disposed  of  or  con- 
structed in  such  forms  and  ways  that  they  may  be  rendered 
absolutely  safe  for  all  persons  who  work  in  the  factory. 

Every  boiler  of  a motor  employed  for  the  generation  of 
motive  power  must  be  provided  with  a safety-valve,  a 
manometre  and  a water-mark  in  order  to  indicate  the 
pressure  of  the  steam  and  the  height  of  the  water  in  the 
boiler. 

Article  103.  In  every  place  of  work  the  doors  must 
open  towards  the  outside.  During  the  time  that  the  work- 
ers remain  in  the  place,  these  outer  doors  and  those  of  the 
corridors  with  exits  must  be  kept  free  of  every  obstruction 
and  unlocked  and  unlatched. 

Necessary  equipment  for  the  extinction  of  fires  must  also 
be  installed  in  the  buildings. 


8 


CHAPTER  VIII. 

accidents  during  work. 

Article  104.  According  to  the  present  law,  by  “acci- 
dent” shall  be  understood  every  bodily  injury  or  hurt  which 
the  worker  suffers  occasioned  by,  or  as  a consequence  of, 
the  work  he  performs  for  some  one  else. 

Article  105.  The  employer  is  responsible  for  the  acci- 
dents that  may  happen  to  his  laborers  caused  by  and  occur- 
ing  during  the  performance  of  the  profession,  trade,  or 
work  which  they  fulfill,  unless  the  accident  be  due  to 
“superior  force  ’’outside  of  the  actual  work  in  which  the 
accident  occurs. 

Article  106.  The  industries  or  departments  of  labor 
which  place  such  responsibility  on  the  employer  are: 

1.  Metallurgical  factories  and  workshops  and  those  in 
connection  with  land  or  naval  construction. 

2.  Mines,  saltworks,  and  quarries. 

3.  Factories  and  workshops  where  use  is  made  of  any 
power  other  than  that  of  man. 

4.  Construction,  reparation,  and  conservation  of  build- 
ings, comprising  masoYiry  and  all  its  annexes ; carpentry, 
locksmiths’  and  forge  work,  stone  cutting,  painting,  etc. 

5.  The  establishments  where  explosives  or  inflammable 
materials  are  manufactured,  or  where  unwholesome  or  poi- 
sonous substances  are  industrially  employed. 

6.  The  construction,  reparation,  and  conservation  of 
harbors,  railroads,  roads,  canals,  dykes,  aqueducts,  under- 
ground sewers,  and  other  similar  works. 

7.  Agricultural  and  forestation  industries  and  under- 
takings. 

8.  Transportation  and  cartage  by  land,  ocean  and  local 
navigation. 

9.  Works  of  street  cleaning  and  cleansing  wells  and 
sewers. 

10.  Deposit  warehouses  and  store  houses  for  great 
quantities  of  coal,  stacks  ©f  firewood  and  lumber  for  build- 
ing purposes. 

11.  Theatres,  with  respect  to  their  salaried  personnel. 

12.  The  fire  department  forces. 

13.  Establishments  for  the  production  of  gas  or  elec- 
tricity, and  the  installation  or  keeping  in  order  of  telephone 
systems. 

14.  All  work  in  connection  with  placing,  repairing,  and 
removing  electric  and  lightning  conductors. 

Article  107.  The  workers  shall  be  entitled  to  indemni- 
fication for  accidents  that  may  occur  to  them  while  em- 
ployed as  set  forth  in  the  second  section  of  the  preceding 
article,  which  may  render  them  either  partially  or  wholly 
incapacitated  for  work,  temporarily  or  permanently,  in  the 
form  and  amount  established  by  the  following  regulations : 

1.  If  the  accident  causes  temporary  inability,  the  em- 
ployer shall  assign  to  the  victim  an  allowance  equal  to  the 
salary  he  used  to  earn,  from  the  day  on  which  the  accident 
took  place  until  such  time  as  he  shall  be  in  fit  condition  to 
resume  work. 

If,  at  the  expiration  of  six  months  from  the  date  of  the 
accident  the  worker  is  still  unable  to  resume  work,  the 
allowance  shall  be  such  as  set  forth  in  the  regulations 
relative  to  permanent  incapacity. 

2.  If  the  accident  causes  permanent  and  absolute  in- 
capacity for  any  kind  of  work,  the  employer  must  provide 
the  laborer  with  an  allowance  equal  to  two  years’  salary; 
but  the  allowance  shall  be  equal  to  eighteen  months’  salary 


only,  if  the  injury  to  the  laborer  is  such  that  he  will  be 
permanently  incapacitated  for  the  work  which  he  regularly 
performed,  but  which  would  not  prevent  him  from  devoting 
himself  to  some  other  kind  of  work. 

3.  If  the  accident  shall  have  caused  partial  incapacity, 
although  permanent  with  respect  to  the  profession  or  the 
class  of  work  to  which  the  victim  had  been  devoted,  the 
employer  shall  remain  under  obligation  to  assign  to  the 
worker,  with  equal  remuneration,  other  labor  compatible 
with  his  state  or  to  settle  on  the  basis  of  an  indemnifica- 
tion equivelant  to  one  year’s  salary,  as  the  employer  may 
prefer. 

The  employer  is  also  bound  to  provide  medical  and  phar- 
maceutical assistance  to  the  laborer  until  he  is  in  fit  condi- 
tion to  return  to  work,  or  until  he  is  pronounced  by  cap- 
able medical  advice,  to  be  in  the  condition  such  as  stated 
in  Sections  2 and  3 of  this  article  and  does  not  require 
medical  and  pharmaceutical  assistance,  which  shall  be  given 
under  the  direction  of  medical  practitioners  assigned  by 
the  employer. 

Indemnification  for  permanent  incapacity  to  work 
brought  about  by  injury  sustained  during  work,  such  as 
defined  in  the  Sections  2 and  3,  shall  be  independent  of 
those  determined  in  Section  1 in  a case  of  temporary  in- 
ability. 

Article  108.  If  the  accident  causes  the  death  of  the 
laborer  the  employer  is  bound  to  defray  the  burial  ex- 
penses, said  expenses  to  the  employer  not  to  exceed  fifty 
pesos  Mexican  gold ; and,  in  addition,  the  employer  shall 
make  an  allowance  to  the  widow,  legitimate  descendants 
under  sixteen  years  of  age,  and  relatives  in  the  form  and 
amount  which  the  following  regulations  establish : 

1.  A sum  equal  to  two  years’  salary  that  the  victim 
would  have  earned,  which  shall  be  paid  to  the  widow,  de- 
scendants, or  relatives,  as  the  case  may  be. 

The  allowances  that  became  due  in  case  of  death  do  not 
include  those  which  were  paid  to  the  victim  during  the 
space  of  time  that  elapsed  between  the  date  of  the  accident 
and  his  death. 

2.  The  allowances  fixed  by  this  law  shall  be  increased 
by  one-half  their  amount  when  the  accident  occurs  in  a 
building,  in  the  course  of  any  work,  the  machinery  or  im- 
plements of  which  lacked  the  precautionary  and  protective 
equipment  to  which  reference  is  made  in  Articles  102,  109 
and  112. 

Article  109.  A Council  of  Technicalities  in  charge  of 
the  investigation  and  study  of  mechanical  appliances  in- 
vented up  to  the  present  time  for  the  prevention  of  labor 
accidents,  shall  be  organized.  This  Board  shall  consist  of 
three  engineers  and  an  architect. 

Services  rendered  by  members  of  the  Board  of  Techni- 
calities shall  be  gratuitous. 

Article  110.  The  Board  to  which  reference  is  made  in 
the  previous  article  shall  publish  a catalogue  of  mechanical 
appliances  for  preventing  accidents  to  laborers  on  account 
of  their  work,  and  shall  submit  said  publication  to  the 
Labor  Department  at  the  end  of  four  months. 

Article  111.  The  Government,  in  accord  w„!  the  Board 
of  Technicalities,  shall  establish  under  the  by-laws  and  in 
accordance  with  the  terms  dictated,  what  mechanical  ap- 
pliances must  be  adjusted  to  the  machinery  in  use  so  as  to 
protect  the  laborer  and  to  prevent  accidents,  as  well  as  all 
other  conditions  of  safety  and  sanitation  indispensable  to 
each  industry. 


9 


Article  112.  The  Board  of  Technicalities  shall  form  an 
experimental  department,  in  which  shall  be  kept  the  models 
of  mechanical  contrivances  planned  for  the  prevention  of 
industrial  accidents,  and  in  which  the  new  mechanism  shall 
be  tested,  and  this  office  shall  include  in  the  catalogue  those 
devices  which  it  recommends  for  practical  use. 

Article  113.  The  proprietor  of  the  industrial  establish- 
ments comprised  in  Article  106  may  authorize  life  pensions 
to  be  paid  to  the  sufferer  instead  of  the  allowances  fixed 
in  Article  108,  provided  that  said  pensions  are  guaranteed 
to  the  satisfaction  of  the  victims,  with  the  approval  of  the 
Department  of  Labor,  such  pensions  to  be  made  in  the  fol- 
lowing form  or  sum : 

1.  A sum  of  money  equal  to  20%  of  the  annual  salary 
earned  by  the  victim,  which  shall  be  payable  to  the  widow 
or  the  descendants  under  fifteen  years  by  legal  means, 
and,  in  default  of  one  or  the  other,  to  the  parents  or  older 
surviving  relatives  of  the  deceased,  except  in  cases  where 
the  Tribunal  of  Arbitration  may  judge  that  the  latter  do  not 
need  said  sum. 

These  pensions  shall  cease,  in  the  case  of  the  widow, 
when  she  remarries,  or  if  she  should  go  to  live  in  con- 
cubinage or  should  become  a prostitute;  and  in  the  case 
of  children  or  grandchildren,  on  their  attaining  the  age  of 
fifteen  years. 

Article  114.  Employers  may  substitute  for  their  obliga- 
tions of  indemnification  the  insurance  at  their  own  expense 
that  they  may  have  made  on  the  laborer  in  question,  against 
the  risks  which  the  laborer  takes  and  to  which  reference 
has  been  made  in  each  one  of  these  articles,  or  those  in  a 
duly  constituted  association  accepted  for  this  purpose  by 
the  Labor  Department ; but  always  on  condition  that  the 
amount  which  the  laborer  may  receive  therefrom  shall  not 
be  less  than  the  maintenance  apportioned  to  him  by  the 
terms  of  this  law. 

Article  115.  The  precepts  of  this  law  are  equally  bind- 
ing on  the  State  and  on  the  Municipalities  when  they  are 
the  employers. 

Article  116.  The  claims  regarding  accidents  shall  be 
adjusted  before  the  Councils  of  Conciliation  and  the  Tri- 
bunal of  Arbitration  and  the  parties  interested  may  appear 
before  them  in  person. 

Article  117.  The  responsibilities  laid  on  employers  by 
this  decree  do  not  in  any  way  liberate  said  employers  from 
those  to  which  they  may  be  liable  according  to  the  rulings 
of  the  penal  code,  and  what  may  be  demanded  of  them  by 
either  of  the  tribunals  or  both. 

Article  118.  Any  renunciation  of  the  rights  to  which 
parties  are  entitled  in  accordance  with  the  terms  of  this 
decree ; and,  in  general,  any  agreement  made  contrary  to 
these  regulations,  shall  be  null  and  void. 

Article  119.  The  Government  shall  dictate  within  three 
months  the  by-laws  and  conditions  necessary  for  the  fulfill- 
ment of  this  law,  relating  to  this  chapter. 

CHAPTER  IX. 

STRIKES. 

Article  120.  The  “strike,”  the  cessation  from  work  by 
the  laborers,  is  the  act  of  whatever  number  of  laborers 
who,  being  or  having  been  in  the  employ  of  the  same  em- 
ployer or  of  various  employers,  leave  said  employ  entirely 
or  partially,  or  break  their  contract  or  refuse  to  renew  it 
or  to  return  to  their  work,  said  discontinuance,  refusal, 
resistance  or  breaking  of  a combination,  agreement,  or 


common  understanding,  whether  expressed  or  implied, 
made  or  initiated  by  the  laborers  with  intent  to  compel  the 
employer  to  agree  to  the  exigencies  of  the  employees  or  to 
comply  with  whatever  demand  or  demands  the  laborers 
may  make,  or  with  the  intent  of  causing  losses  to  the  em- 
ployer, or  to  inspire,  aid,  or  encourage  another  strike,  or 
with  the  intent  of  helping  the  employees  of  some  other  em- 
ployer. 

The  stoppage  of  work  on  the  part  of  the  employers  is 
defined  in  the  same  way,  inverting  the  terms  in  the  defini- 
tion made  above. 

Article  121.  The  party  who,  in  order  to  form,  maintain, 
or  prevent  strikes,  uses  violence  or  threats  and  assaults,  will 
be  punished  (apart  from  the  fine  which  the  Tribunal  of 
Arbitration  can  inflict  on  him)  with  arrest  by  the  police 
authorities. 

Article  122.  Every  laborer  who  takes  part  in  a strike, 
and  who  is  included  in  a “convenio  industrial,”  shall  be 
punished  with  a fine  not  to  exceed  $50.00. 

Article  123.  Every  builder  or  master  workman  who 
takes  part  in  a strike  of  employers,  who  is  party  to  a “con- 
venio industrial,”  shall  be  punished  with  a fine  not  in  excess 
of  $500.00. 

Article  124.  He  who  institutes,  aids,  or  encourages  in 
any  manner  whatever,  an  illegal  strike  or  its  continuation : 

If  a laborer,  shall  be  punished  with  a fine  of  $50.00; 

If  a union  or  federation  of  laborers,  the  same  shall  be 
punished  with  a fine  from  $200.00  to  $1,000.00; 

If  an  employer  or  any  other  person  not  a laborer, 
said  party  shall  be  punished  with  a fine  of  from  $200.00  to 
$1,000.00. 

The  following  shall  be  considered  as  help  or  encourage- 
ment: A gift  of  money  or  of  anything  of  value,  given  for 
the  benefit  of  a group  or  union  who  are  taking  part  in  a 
strike. 

Article  125.  The  employers  punished  with  fines  im- 
posed by  the  Tribunal  of  Arbitration,  must  pay  said  fine 
immediately,  and  when  the  laborers  are  fined  they  shall 
Jiave  the  option  to  pay  in  cash  with  a discount  of  10%. 

Article  126.  When  the  laborers  who  do  not  form  an 
“industrial  union”  are  in  dispute  with  their  employers,  the 
difference  shall  be  explained  in  the  Department  of  Labor, 
a dependency  of  the  Ministry  of  the  Interior. 

Article  127.  The  delegates  of  both  parties,  in  number 
not  more  than  three  for  each  party,  shall  meet  before  the 
Labor  Department,  and  they  will  consult  with  the  em- 
ployees named  by  the  Department  for  the  investigation  of 
the  case.  The  “Junta  de  Trabajo”  (Labor  Council)  thus 
formed  shall  have  functions  similar  to  those  of  the  “Coun- 
jcils  of  Conciliation,”  with  the  same  times  and  terms  of 
formation  and  for  investigations. 

Article  128.  If  in  the  “Junta  de  Trabajo”  (Labor 
Council)  no  arrangement  can  be  arrived  at  between  the 
laborers  and  the  employers,  a private  vote  shall  be  taken 
among  all  the  laborers  concerned  to  determine  whether 
they  shall  go  on  strike ; the  vote  shall  be  taken  by  the 
Council  of  Conciliation  which  has  jurisdiction  in  the 
locality  of  the  dispute. 

The  result  of  this  voting  shall  be  made  known  publicly. 

In  the  space  of  seven  days  after  the  result  has  been 
published,  the  workers  can  go  on  strike  when  the  result  of 
the  voting  has  been  favorable  by  a majority  of  seventy  out 
of  a hundred. 


10 


Article  129.  When  a decision  and  agreement  satisfac- 
tory to  both  parties  is  reached  before  the  Junta  de  Trabajo 
formed  in  the  Department  of  Labor,  the  same  may  be  reg- 
istered in  the  form  of  a “convenio  industrial,”  provided 
that  the  laborers  concerned  belong  to  a union  and  register 
it. 

CHAPTER  X. 

PENALTIES. 

Article  130.  The  violations  of  the  terms  of  a “convenio 
industrial,”  or  of  a decision  of  the  Tribunal  of  Arbitration 
shall  be  punishable  as  follows : When  it  refers  to  a “union” 
or  “association  of  employers,”  with  a fine  which  may  not 
exceed  a thousand  pesos  for  each  “union”  and  for  each 
violation ; when  it  refers  to  a laborer,  with  a fine  not 
greater  than  fifty  pesos  per  person  for  each  violation. 

Article  131.  Every  infraction  of  the  present  law  which 
may  not  have  a special  penalty  attached  to  it  shall  be 
punishable  by  the  same  penalties. 

Article  132.  Every  fine  shall  be  imposed  and  enforced 
by  the  Tribunal  of  Arbitration  and  shall  pass  into  the  Gen- 
eral Treasury  of  the  State. 

Article  133.  All  persons,  “unions,”  or  federations  fined, 
may  plead  for  reconsideration  before  the  same  tribunal, 
three  months  after  their  decision  imposing  the  fine. 

Article  134.  Public  action  is  permitted  to  denounce  dis- 
obedience of  this  law,  and  said  Tribunal  of  Arbitration  is 
empowered  to  impose  the  fines  in  such  cases. 

CHAPTER  XI. 

state  mutual  benefit  society. 

Article  135.  The  State  will  organize  a Mutual  Benefit 
Society  for  the  workers,  by  virtue  of  which  every  laborer 


. who  deposits  a few  cents  from  his  wages  will  be  able  to 
provide  against  old  age  and,  in  case  of  death,  his  kindred 
will  not  be  left  in  want  and  misery. 

Article  136.  This  Society  will  help  all  the  laborers  of 
the  State,  constituting  thus  the  most  practical  and  beneficial 
insurance  institution  that  can  be  conceived. 

Article  137.  The  Labor  Department  shall  dictate  the 
by-laws  which  will  regulate  the  organizing  and  operation 
of  this  Society. 

SUPPLEMENTARY. 

First:  Decree  Number  Fifty-Nine  (59)  issued  by  this 
Government  under  date  of  May  fourteenth  of  this  year, 
creating  the  Council  of  Conciliation  and  Tribunal  of  Arbi- 
tration, is  hereby  repealed. 

Second  : As  soon  as  the  laws  contained  in  this  decree 
are  issued,  the  Executive  of  the  State  shall  call  a conven- 
tion for  the  first  elections  of  members  of  the  Boards 
of  Conciliation  and  the  Tribunal  of  Arbitration;  but  what- 
ever may  be  the  date  on  which  the  Boards  and  the  Tri- 
bunal are  constituted,  the  first  period  of  their  operation 
and  functionment  shall  terminate  on  the  last  day  of  the 
month  of  December,  one  thousand  nine  hundred  and  six- 
teen, so  that  the  following  ones  may  commence  their 
operations  on  the  first  day  of  January  of  each  year. 

Third:  This  Decree  shall  be  published  by  solemn  pro- 
clamation throughout  the  State. 

CONSTITUTION  AND  REFORMS. 

Merida,  11th  December,  1915. 

The  Governor  and  Military  Commander-in-Chief  of  the 
State.  S.  ALVARADO. 

The  Secretary-General  of  the  Interior. 

RAFAEL  AGUIRRE  C. 


3 

APPEAL  TO  U.  S.  WORKERS 


To  the  Workers  of  the  United  States: 

We,  laborers  of  Mexico,  moved  by  exceptional  circum- 
stances, appeal  to  you  in  the  interests  of  solidarity. 

On  the  Border,  which,  politically,  separates  our  land  from 
yours,  there  are  at  this  very  moment  two  armies,  face  to 
face,  awaiting  the  signal  to  throw  themselves  into  a war 
that,  no  matter  which  side  wins,  would  nevertheless  cause 
great  evils,  both  moral  and  material,  to  both  of  our  coun- 
tries, crushing  at  the  same  time  the  principles  of  a social 
revolution  that  has  no  precedent  in  history,  and  which, 
precisely  for  that  reason,  has  secured  the  sympathy  of 
every  progressive  man  in  the  world. 

Before  a catastrophe  of  that  kind  should  sadden  the 
Jiomes  of  the  toilers  of  both  nations,  we,  moved  by  true  and 
just  aims  of  international  solidarity,  with  our  minds  free 
of  shameful  prejudices,  fearing  lest  the  plans  of  our  saving 
Revolution  should  be  destroyed  by  our  foes,  come  to 
you,  our  brothers  of  this  hemisphere,  to  beg  from  you  the 
necessary  support  to  raise  a formidable  agitation  against 
imperialism,  agitation  against  a war  between  two  brother 
countries,  the  consequences  of  which  we,  the  workers  on 
both  sides  of  the  frontier,  alone  would  suffer;  because  the 


instigators,  the  jingoes,  those  of  the  holy  alliance — com- 
posed of  exiled  Mexicans,  reactionaries,  land  owners,  Wall 
Street  grafters,  and  Clerical  magnates^ — would  remain  in 
their  homes,  quietly  awaiting  the  moment  for  the  distribu- 
tion of  the  booty. 

In  the  yellow  press  of  your  country,  in  the  lectures  and 
meetings  of  monopolists  and  Clericals,  Mexico  is  pictured 
as  an  uncivilized  region,  in  the  hands  of  a lot  of  bandits 
with  no  other  flag  or  ideals  than  those  of  loot  and  destruc- 
tion; and  based  on  this  the  justification  of  an  imperialist 
policy,  advocated  by  some  Americans  who  do  not  have  any 
more  resemblance  to  you,  the  workers  of  America,  than 
people  of  another  nationality;  for  they,  like  the  rich  of 
every  part  of  the  earth,  are  only  after  personal  gain,  by 
fair  means  or  by  foul.  We,  conscious  of  our  rights  and 
duties,  toilers  properly  organized  for  the  struggle  of  class- 
es, are  anxious  to  tell  you  the  entire  truth  about  the  so- 
called  “Mexican  Case.” 

Listen,  Workers  of  the  United  States! 

Until  the  day  on  which  our  social  revolution  broke  out, 
Mexico  was,  despite  its  wonderful  resources,  a land  of 
desolation  and  misery  for  the  real  producer,  for  the  prole- 


11 


tarians,  because,  sheltered  by  the  Government — represented' 
first  by  Porfirio  Diaz,  the  Dictator,  generally  known  as  the 
Czar  of  the  Americas,  and  later  by  Victoriano  Huerta — 
ignorance,  religious  intolerance,  alcoholism,  and  proletarian 
slavery  in  its  most  terrible  form  dominated  the  land. 

At  the  “haciendas”  (farms),  faithfully  described  by 
Turner  in  his  famous  book,  “Barbarous  Mexico,”  the  In- 
dian laborer  worked  from  morning  till  night,  hungry,  bare- 
footed, and  ragged,  being  whipped  by  the  boss,  made  brutish 
by  rum  and  fanaticism,  and  receiving  in  payment  for  his 
work  and  his  humiliation  a poor  salary  of  twenty  cents, 
which  he  was  compelled  to  spend  at  the  plantation  store. 

In  shops,  mines,  and  manufacturing  centres  the  condition 
of  the  toilers,  although  not  so  bad  as  in  the  “haciendas,” 
was  still  terrible ; for  twelve  or  fourteen  hours  daily, 
poorly  paid  labor  was  exacted,  without  the  hope  of  any 
progressive  legislation  at  all  being  enacted  that  would 
secure  to  the  laborers  their  emancipation  as  free  citizens ; 
at  the  mercy  of  their  “owners,”  Mexican  or  foreigners, 
who,  while  the  real  producers  bore  the  yoke  of  servitude 
and  suffered  starvation,  drove  through  the  brilliant  streets 
of  the  City  of  Mexico  in  luxurious  automobiles,  and  built 
on  every  corner  “villas”  and  palaces  that  gave  the  capital 
of  the  Republic  universal  renown. 

Public  instruction,  especially  in  the  large  rural  districts, 
was  entirely  abandoned,  because  it  was  the  dictatorial  pol- 
icy ,in  this  respect,  to  drive  the  poor  people  to  the  great 
“haciendas,”  great  mine  and  factory  regions,  where  they 
could  be  more  easily  controlled  by  the  “rurales”  and  the 
soldiers,  instead  of  allowing  them  to  go  to  school  and  get 
an  education,  to  become  real  citizens  deserving  of  such  a 
title. 

Workingmen  in  Mexico  were  killed  if  they  attempted  to 
unionize  or  to  strike;  the  peasants  were  slaughtered  in 
order  to  secure  their  property;  the  Yaqui  Indians  were  de- 
ported or  sold  into  slavery  in  Yucatan,  so  that  the  great 
landowners  of  the  State  of  Sonora  could  sell  their  lands 
to  American  syndicates.  Anybody  who  pretested,  orally 
or  in  writing,  was  thrown  into  jail,  where  imprisonment 
was  worse  than  death. 

And  in  the  same  way  that  equality  of  the  citizens 
existed  only  in  the  writings  and  speeches  of  poets  and  ora- 
tors, so  religious  liberty  could  only  be  found  in  the  text  of 
the  Constitution,  because  the  always  absorbent  Catholic 
Church  imposed  its  power  universally  by  means  of  intrigue 
and  political  bargaining. 

Conditions  of  injustice  and  privilege  such  as  these  could 
be  found  at  every  step,  making  the  life  of  the  poor — white 
or  black,  Indian,  or  Chinese — a great  deal  more  miserable 
and  degraded  than  that  of  the  negroes  of  the  United  States 
before  the  days  of  Lincoln. 

Then  the  Revolution  came,  bringing  as  its  ideals  the  re- 
forms that  we  shall  explain  below,  and  which  have  all  been 
implanted  in  every  State  controlled  by  the  Revolutionists. 

First:  The  dividing  up  of  enormous  estates;  that  is,  the 
vast  areas  of  land  owned  by  the  few,  so  as  to  promote  the 
formation  of  small  properties. 

(The  Revolution  is  opposed  to  the  possession  of  the  land 
by  the  few,  as  is  the  present  condition.  It  wants  every- 
body to  have  his  share,  so  that  every  one  shall  be  pros- 
perous, as  cultivation  by  the  individual  is  infinitely  more 
productive  than  when  done  on  a large  scale.  The  Revolu- 


tion wants  to  restore  to  the  people  the  lands  which  were 
unjustly  taken  from  them  by  national  and  foreign  leaders 
or  “bosses,”  backed  by  the  dictatorships  of  Diaz  and 
Huerta.) 

Second : Equity  in  the  taxing  of  land  and  real  estate. 

(The  Revolution  wants  rural  land  owners  to  pay  in  pro- 
portion to  what  they  have.  At  present  the  big  land  owner 
pays  an  insignificant  tax,  while  the  small  man  who  culti- 
vates his  own  land  is  taxed  to  the  limit.  With  the  regula- 
tion of  taxes  the  towns  will  have  richer  municipalities,  and 
it  will  be  possible  for  the  small  land  holders  to  enter  into 
competition  with  the  large  estates.  Indirectly,  this  will 
have  a moralizing  influence  on  the  authorities,  because  the 
big  land  owners,  having  no  privileges,  will  not  have  re- 
course to  bribes  in  order  to  keep  such  privileges. 

Third:  (a)  Creation  of  an  all-embracing  labor  legisla- 
tion. 

The  Revolution  will  enact  laws  to  prevent  the  extortion 
of  labor  by  capital,  as  now  happens.  There  will  be  laws  to 
regulate  salaries  and  determine  the  minimum  wages,  laws 
regulating  hours  of  work,  and  age  limit  of  the  laborers,  in 
order  to  protect  childhood  in  its  development  and  old  age 
in  its  decadence.  Laws  regulating  the  sanitation  of  the 
workshops  in  order  to  protect  the  health  of  the  laborers, 
also  laws  regulating  the  manner  of  dealing  with  accidents 
in  service  in  order  to  insure  the  maintenance  of  the  lab- 
orer disabled  at  his  work,  etc. 

(b)  The  establishment  of  municipal  liberty  as  a consti- 
tutional institution. 

(A  free  municipality  is  the  foundation  of  all  liberties — 
it  is  a school  of  democracy.  Free  municipalities  insure 
the  freedom  of  the  State  and  also  freedom  of  the  Republic. 
This  is  one  of  the  most  important  reforms  of  the  Revolu- 
tion.) 

Fourth : A change  in  the  system  of  the  organization  of 
the  army. 

(At  present  the  army  is  a large  armed  force  under  the 
command  of  a single  head,  and  it  is  found  in  all  parts  of  the 
Republic.  Under  the  former  system  the  liberties  of  the 
States,  municipalities,  etc.,  were  at  a given  moment  at  the 
mercy  of  the  President  of  the  Republic,  as  with  Porfirio 
Diaz,  or  of  the  general-in-chief,  as  with  Victoriano  Huerta. 
The  army  now  has  a different  origin,  different  regulation 
and  distribution.) 

Fifth:  Electoral  laws  to  guarantee  the  effectiveness  of 
the  franchise. 

(The  electoral  laws  now  in  force  have  been  made  by  men 
whose  desire  is  to  nullify  the  effectiveness  of  the  suffrage, 
and  the  people  are  unable  to  enforce  their  views  at  an 
election.) 

Sixth:  (a)  Establishment  of  the  independence  of  the 
judicial  power  in  the  Federal  Government,  as  well  as  in 
the  States. 

(However  often  the  Constitution  may  declare  the  inde- 
pendence of  the  powers  of  the  judiciary,  this  independence 
was  a delusion,  in  view  of  the  fact  that  officials  were  ap- 
pointed by  the  Executive  and  dependent  on  him,  etc.) 

(b)  The  revision  of  laws  regarding  matrimony  and  the 
civil  status  of  individuals. 

(The  Revolution,  whose  aim  it  is  to  elevate  the  Mexican 
people  by  giving  them  perfect  liberty,  cannot  allow  matri- 
mony, which  is  simply  a contract,  to  be  indissoluble,  when, 
by  the  mutual  consent  of  both  consorts,  it  is  desirable  to 


12 


break  it.  If  the  will  comes  first,  according  to  the  laws,  why 
should  it  be  subordinated  in  a matter  which  plays  so  im- 
portant a part  in  human  happiness?) 

Seventh:  The  reformation  of  judicial  proceedings  in 
order  to  render  the  administration  of  justice  prompt  and 
effective.  The  revision  of  the  civil,  criminal,  and  com- 
mercial codes. 

(Who  has  not  had  to  suffer  through  the  criminality  ®f 
the  courts  of  justice  on  one  hand,  and  also  from  the  never- 
ending  proceedings  on  the  other  hand?  What  man  is  there 
who  has  ever  had  to  deal  with  the  courts  that  has  been  free 
from  the  consciousness  that  he  is  at  the  mercy  of  all  those 
who  form  part  of  the  court,  even  to  the  stenographer  who 
can  delay  the  copy  of  a document,  or  the  clerk  who  retards 
a notification?  Up  to  now  the  administration  of  justice 
may  be  compared  to  the  stage-coach,  in  that  it  moves  pain- 
fully slowly,  and  only  for  money.) 

Eighth : The  revision  of  the  laws  relative  to  the  exploi- 
tation of  lumber,  waters,  petroleum,  and  other  resources  of 
the  country,  with  the  view  of  abolishing  monopolies. 

(Who  is  ignorant  of  the  fact  that  the  insatiable  and  cor- 
rupting spirit  of  the  dictatorship  absorbed  everything — 
sometimes  for  the  benefit  of  the  head  of  the  system,  Por- 
firio  Diaz;  at  other  times  to  satisfy  the  voracious  appetites 
of  those  who  surround  him?  Who  does  not  know  that  it 
was  this  policy  of  concessions  which  created  the  unbear- 
able insolence  of  the  foreigners  residing  among  us?  There- 
fore, everything  which  may  tend  to  destroy  this  monopoly 
and  humiliate  this  uncalled-for  arrogance  will  be  a patriotic 
work,  and  this  is  what  the  Revolution  promises  to  achieve.) 

To  these  reforms  must  be  added  a general  reorganization 
of  the  school  system  in  Mexico,  paying  especial  attention 
to  the  weak  spot,  which  is  the  rural  school  system.  As  a 
natural  consequence,  the  conservative  elements — priests, 
professional  soldiers,  men  having  oil  and  railroad  conces- 
sions, rich  land  owners— knowing  that  with  such  reforms 
their  odious  privileges  were  in  danger,  have  tried,  by  all 
means  possible,  to  stop  the  progress  of  the  Revolution, 
promoting  discord  and  jealousies  among  its  chiefs,  starting 
reactionary  movements  abroad,  and  working  hard  and  per- 
sistently to  provoke  an  international  war. 

Before  the  raid  on  Columbus,  which  was  planned  by  the 
filibuster  of  our  foes,  the  reaction  could  not  attain  its 
wish  to  destroy  the  Revolution;  but  now,  unfortunate- 
ly, it  looks  as  if  the  reactionaries  might  succeed  in 
putting  us  American  and  Mexican  workingmen  face  to  face 
on  the  battlefield.  And  this  is  just  what  Mexican  organ- 
ized labor  is  anxious  to  avoid  by  making  a final  effort, 
appealing  to  you,  our  brothers  in  labor  and  misery;  not 
taking  into  consideration  what  petty  “patriots”  may  say 
about  our  conduct  and  proceedings. 

We  want  to  say,  very  frankly,  to  the  American  toilers, 
that  the  Mexican  people  do  not  hate  the  real  American 
people,  the  people  who  still  bear  in  their  heart  the  princi- 
ples of  Washington  and  Franklin;  we  do  not  have  any 
hostile  sentiment  of  any  kind  against  you  American  labor- 
ers. In  the  United  States  we  hate  only  the  monopolists,  the 
great  oil  and  railroad  kings,  all  those  who  have  utilized 
the  riches  of  our  land  for  their  personal  benefit;  impu- 
dently stealing  from  us  the  fruits  of  our  labor,  the  same 
as  they  do  with  you  in  your  country : those  very  same  com- 
patriots of  yours,  whose  only  interests  are  their  bank  ac- 


counts, and  who  have  no  love  of  country,  honor,  or  high 
ideals  of  life. 

Be  on  your  guard,  Workers  of  the  United  States.  The 
Columbus  raid,  all  the  anti-Mexican  agitation,  all  the  meet- 
ings, lectures,  and  publications  of  our  foes  in  the  great 
American  cities,  are  only  for  the  purpose  of  drowning  in 
blood  the  desires  of  a brother  people  who  have  had  the 
courage  and  the  strength  to  rebel  against  their  oppressors, 
of  giving  the  workers  of  the  world  an  example  of  the  only 
Social  Revolution  that  honestly  deserves  such  a name. 

Be  on  watch,  North  American  Comrades.  Do  not  allow 
any  one  to  fool  you  with  the  lies  of  those  who,  as  long 
as  they  can  make  money,  do  not  care  very  much  about  the 
killing  of  thousands  of  laborers.  Help  us  to  secure  that, 
once  and  forever,  the  United  States  troops  be  recalled, 
avoiding  the  great  danger  that  there  is  and  must  be  while  a 
khaki  uniform  remains  in  Mexican  territory.  And  if,  even 
by  this  means,  it  is  impossible  to  avoid  a bloody  struggle, 
then,  Workers  of  the  United  States,  do  as  we  would  fain 
do  with  our  reactionaries — put  at  the  head  of  your  army  all 
those  who  are  responsible  for  the  tragedy,  the  magnates  of 
the  Standard  Oil  Company  and  of  the  International  Har- 
vester Company,  William  R.  Hearst,  Harrison  Gray  Otis 
of  the  Los  Angeles  Times,  professional  soldiers  and  others 
who  in  any  form  and  by  any  means  are  looking  for  inter- 
vention in  Mexico. 

Workers  of  the  United  States,  solidarity! 

J.  M.  DURAN, 

General  Secretary  Syndicate  of  Electricians; 

CRESCENCIO  FLORES  DIAZ, 

Carpenters’  Syndicate; 

NABOR  FERNANDEZ, 

President  Seamen’s  Union,  Port  of  Pro- 
greso; 

PRUDENCIO  GONZALEZ, 

President  Dockers’  Union; 

CRESCENCIO  SANCHEZ, 

General  Secretary  Bakers’  Syndicate; 

MANUEL  RUIZ, 

General  Secretary  Masons’  Syndicate; 

DAVID  GONZALEZ, 

Union  of  Clerks,  Cooks,  etc.,  and  of  Hotel, 
Restaurants  and  Similars; 

ANTONIO  RAMIREZ, 

President  Commercial  Clerks’  Club; 

ALVARO  VARGAS, 

General  Secretary  Smelters’  Syndicate ; 

NAZARIO  PECH, 

General  Secretary  Hackmen’s  Syndicate; 

CLAUDIO  SACRAMENTO, 

President  Yucatan  Railroad  Men’s  Union; 

MIGUEL  A.  PRADO, 

Syndicate  of  Machinists,  Blacksmiths  and 
Boiler  Makers. 


Merida,  Mexico,  May  29,  1916. 


13 


4 


PRESIDENT  GOMPERS  ISSUES  CALL  FOR  UNITY  OF  LABOR 

IN  ALL  PAN-AMERICA 


"To  the  Workers  of  All  American  Countries : 

“A  purpose  has  long  been  in  the  minds  of  many  which 
has  gradually  been  taking  form  and  seeking  an  opportunity 
for  concrete  expression.  Such  an  opportunity  has  been 
born  out  of  the  strained  relations  that  have  recently  existed 
between  the  United  States  and  Mexico  and  the  great 
anxiety  aroused  thereby  in  the  hearts  and  minds  of  the 
workers  of  both  countries.  There  has  come  at  least  one 
result  that  is  potential  for  the  maintenance  of  human  wel- 
fare in  international  relations. 

“Just  as  the  situation  between  the  United  States  and 
Mexico  was  most  critical,  there  came  to  our  country  two 
representatives  of  the  Government  of  Yucatan,  Mr.  Carlos 
Loveira,  Chief  of  the  Department  of  Labor,  and  Mr.  Bal- 
tazar  Pages,  editor  of  the  Voice  of  the  Revolution,  bring- 
ing an  appeal  to  the  workingmen  of  our  country  to  use  their 
influence  in  the  interest  of  peace  and  justice  between  our 
countries.  At  the  same  time,  in  response  to  an  invitation 
from  the  American  Federation  of  Labor,  the  organized 
labor  movement  of  Mexico  sent  as  representatives  to  Wash- 
ington for  the  purpose  of  holding  a conference,  Mr.  Luis 
N.  Morones,  Mr.  S.  Gonzalo  Garcia,  and  Mr.  Edmundo  E. 
Martinez. 

“During  the  recent  past,  through  personal  representa- 
tives of.  the  Mexican  Government  and  information  gained 
from  others  in  close  contact  with  conditions  in  Mexico,  it 
became  plain  to  us  that  the  revolution  in  Mexico  repre- 
sented the  cause  of  humanity  and  democracy,  and  that  the 
Constitutionalist  government  represented  a genuine  effort 
on  the  part  of  the  Mexicans  to  establish  institutions  of 
freedom  and  justice.  The  American  Federation  of  Labor 
made  an  appeal  to  the  President  of  the  United  States  to 
recognize  the  Constitutionalist  government  of  Mexico. 

“It  has  since  on  several  occasions,  when  important  deci- 
sions of  national  policies  affecting  the  United  States  and 
Mexico  were  in  the  balance,  been  the  instrumentality 
through  which  the  desires  of  the  masses  of  the  people  have 
been  expressed,  and  further  time  and  opportunity  afforded 
to  Mexico  for  understanding  our  national  attitude  and  de- 
monstrating good  will  and  good  faith  on  her  part. 

“Because  of  this  historic  relation,  it  was  felt  that  a con- 
ference between  representatives  of  the  labor  movement  of 
Mexico  and  representatives  of  the  American  Federation  of 
Labor  would  be  a direct  means  by  which  the  masses  of 
the  people  of  both  countries  could  wield  an  influence  that 
would  counteract  that  of  financial  powers  and  of  those 
who  were  willing  to  precipitate  international  conflicts 
for  their  own  aggrandizement. 

“At  this  conference,  held  in  Washington,  between  the  re- 
presentatives of  the  Mexican  labor  movement  and  the  Exe- 
cutive Council  of  the  American  Federation  of  Labor,  a 
declaration  was  signed  by  all  parties  to  the  conference. 
This  declaration,  in  addition  to  provisions  which  con- 
cerned immediate  relations  between  our  two  countries,  pro- 
vided for  future  conferences  between  representatives  of 
both  countries  and  declared  in  favor  of  efforts  to  establish 
a Pan-American  Federation  of  Labor. 

“This  was  not  a new  thought  for  the  American  Federa- 
tion of  Labor.  Upon  several  occasions  the  same  idea  had 
been  advanced,  and  in  the  proceedings  of  the  1915  conven- 
tion of  the  American  Federation  of  Labor  endorsement  was 


given  to  a proposal  for  an  organization  that  would  repre- 
sent human  rights  and  interests  in  all  Pan-American  coun- 
tries. The  necessity  for  such  a labor  federation  has  been 
made  increasingly  great  through  efforts  to  establish  closer 
commercial  and  political  relations  between  the  countries 
included  in  the  Pan-American  Union. 

"In  the  High  Commission  which  recently  made  a trip  to 
Pan-American  countries  for  the  purpose  of  promoting  bet- 
ter commercial  and  industrial  relations,  although  there  was 
no  phase  in  any  of  the  relations  between  these  different 
countries  that  did  not  in  some  way  affect  human  interests 
and  human  welfare,  there  was  no  one  on  that  commission 
who  distinctively  represented  human  interests  and  the 
rights  and  welfare  of  the  masses  of  the  people. 

“I  have  urged  upon  the  United  States  Government  that 
this  serious  omission  ought  to  be  rectified,  and  I urge  the 
labor  movements  of  all  Pan-American  countries  to  bring 
the  same  matter  to  the  attention  of  their  respective  gov- 
ernments. But  such  representation,  valuable  as  it  would 
be,  is  not  sufficient  to  protect  and  promote  the  rights  and 
welfare  of  the  workers  of  all  countries.  A Pan-American 
Federation  of  Labor  is  not  only  possible,  but  is  necessary, 
it  will  constitute  a ready  and  fit  agency  for  injecting  into 
international  deliberations  at  opportune  and  critical  times 
consideration  for  human  rights,  interests,  and  welfare. 

“In  view  of  the  importance  of  this  purpose,  it  is  most 
gratifying  to  find  that  the  representatives  from  the  State  of 
Yucatan  are  to  travel  through  the  countries  of  Cenral  and 
South  America  for  the  purpose  of  promoting  a Pan-Ameri- 
can Federation  of  Labor.  The  purpose  of  their  mission  has 
our  most  sympathetic  and  hearty  co-operation.  The  reali- 
zation of  an  international  alliance  between  the  labor  move- 
ments of  all  Pan-American  countries  will  constitute  a genu- 
ine parliament  of  men,  one  of  the  highest  purposes  to 
which  mankind  has  aspired. 

“It  is  earnestly  hoped  that  the  representatives  of  all  or- 
ganized workers  in  Pan-America  will  come  into  it  and  con- 
tinue correspondence  with  the  undersigned. 

“With  sincere  greetings,  I am,  fraternally  yours, 

(Signed)  “SAMUEL  GOMPERS, 
“President  American  Federation  of  Labor. 

“Washington,  D.  C.,  July  6,  1916.” 


5 

APPEAL  TO  MEXICAN  LABOR 

“American  Federation  of  Labor, 

“Washington,  D.  C.,  May  23,  1916. 

“Secretary,  Casa  del  Obrero  Mundial,  City  of  Mexico: 

“Dear  Sir  and  Brother:  Permit  me  on  behalf  of  the 
American  Federation  of  Labor  to  send  fraternal  greetings 
to  the  Casa  del  Obrero  Mundial,  to  the  entire  labor  move- 
ment of  Mexico. 

“The  labor  movement  of  North  America  has  seen  with 
what  splendid  courage  Organized  Labor  in  Mexico  has, 
from  the  time  of  the  Presidency  of  the  late  Franciscio  I. 
Madero,  demanded  and  obtained  recognition  for  the  cause 
of  labor  and  justice  in  our  sister  republic. 

“From  time  to  time  the  American  Federation  of  Labor 


14 


has  received  confidential  reports  from  delegates  duly  ac- 
credited by  your  organization  and  others  who  came  to 
Washington  in  behalf  of  the  Mexican  cause.  From  these 
delegates  the  Executive  Council  of  the  American  Federa- 
tion of  Labor  has  learned  how  deeply  the  spirit  of  inter- 
national brotherhood  has  guided  all  your  struggles  in  Mexi- 
co. We  learned  with  intense  interest  of  the  historic  agree- 
ment between  the  Casa  del  Obrero  Mundial  and  the  Con- 
stitutionalist Government,  and  signed  on  behalf  of  that 
Government  by  Rafael  Zubaran  Capmany. 

“We  have  learned  with  what  bravery  and  determination 
the  Mexican  miners  in  the  State  of  Arizona  organized  and 
struck  work  with  their  brother  Americans  of  the  North, 
and  won  advancement  for  themselves  and  the  cause  of 
international  solidarity. 

“All  these  facts  point  to  the  necessity  of  a still  closer 
understanding  between  the  workers  of  all  the  Americas, 
particularly  in  this  crisis  in  the  world’s  history.  To  this 
end,  and  to  propose  a practical  method  of  mutual  co-opera- 


tion between  organized  labor  in  Mexico  and  the  United 
States,  I suggest  that  at  a date  to  be  agreed  upon,  repre- 
sentatives from  the  Casa  del  Obrero  Mundial,  and  as  many 
other  of  the  labor  organizations  in  Mexico  as  possible, 
meet  for  a conference  in  El  Paso,  Texas,  with  representa- 
tives of  the  American  Federation  of  Labor.  Matters  for 
the  mutual  welfare  of  the  sister  republic  could  then  be  dis- 
cussed and  a future  co-operative  policy  outlined. 

“With  you  I agree  that  the  future  peace  of  the  world 
rests  in  the  hands  of  the  wage-earners,  and  this  is  most 
cogently  expressed  by  the  organized  labor  movement  of 
each  and  all  countries. 

“I  hope  to  hear  from  you  as  soon  as  possible  as  to  the 
actual  conditions  of  the  Mexican  labor  movement  at  the 
present  time,  and  to  receive  a reply  to  the  suggestion  I 
have  made  herein. 

"Fraternally  yours, 

“SAMUEL  GOMPERS, 

“President  American  Federation  of  Labor.” 


6 COPSES  TO  MEXICAN  LEADERS 

Copies  of  the  invitation  to  a conference  were  inclosed  by 
Mr.  Gompers  in  letters  to  General  Venustiano  Carranza, 
First  Chief;  Governor  Ignacio  C.  Enriquez,  of  Chihua- 
hua ; Governor  P.  Elias  Calles,  of  Sonora ; Governor  S. 
Alvarado,  of  Yucatan;  General  Alvaro  Obregon,  Minister 
of  War;  Juan  Tudo,  Secretary  of  the  Escuela  Moderna, 
Mexico  City ; Dr.  Atl,  editor  of  Accion  Mundial,  Mexico 
City,  and  Judge  Charles  A.  Douglas,  Washington,  D.  C., 
Carranza’s  attorney  here. 

Explaining  the  occasion  of  the  invitation,  Mr.  Gompers 
wrote  as  follows  to  General  Carranza: 

“My  Dear  Sir : Because  of  certain  conditions,  informa- 
tion of  which  has  authentically  reached  me,  I deem  it  my 
duty  to  the  working  people  of  Mexico,  as  well  as  to  the 
people  of  Mexico  generally,  to  write  to  the  secretary  of  the 
Casa  del  Obrero  Mundial,  making  certain  inquiries  and  a 
suggestion  for  a conference.  It  seemed  to  me  that  a copy 
of  my  letter  should  be  in  your  possession  for  such  informa- 
tion as  it  may  convey. 

“The  letter  was  prepared  before  I received  a visit  at  my 
office  today  from  Mr.  Charles  A.  Douglas,  your  legal  re- 
presentative in  Washington,  but  I read  to  him  the  letter, 


of  which  the  inclosed  is  a copy,  and  he  expressed  his 
approval  of  its  contents  and  desired  that  it  should  be  for- 
warded, and  also  sustained  the  view  that  a copy  of  the  let- 
ter should  be  sent  to  you.  I may  add  that  the  entire  Mexi- 
can situation  as  it  now  exists,  as  well  as  the  immediate 
outlook,  was  thoroughly  gone  into,  and  it  may  be  interest- 
ing for  you  to  know  that  Mr.  John  Murray,  who  is  also 
deeply  interested  in  the  affairs  of  Mexico,  was  present  at 
the  conference  I had  the  pleasure  of  having  with  Mr. 
Douglas. 

“I  think  it  is  needless  for  me  to  say  how  thoroughly  in- 
terested and  concerned  are  my  associates  in  the  American 
Federation  of  Labor,  as  am  I,  in  all  that  may  make  for  the 
advancement  and  protection  of  the  rights  and  interests  of 
the  masses  of  the  workers  of  Mexico,  and  that  we  are 
hoping  and  will  be  glad  to  aid  as  far  as  our  ability  and 
opportunities  go;  in  establishing  higher  and  better  stand- 
ards of  justice,  right,  freedom,  and  the  concepts  of  hu- 
manity. 

“With  assurance  of  high  regard,  I have  the  honor  to 
remain,  very  respectfully  yours, 

“SAMUEL  GOMPERS, 

“President  American  Federation  of  Labor.” 


7 THE  GREAT  PACT 

Signed  by  Mexican  and  American  Labor  Representatives,  in  Washington,  D.  C. 


The  undersigned,  the  Executive  Council  of  the  American 
Federation  of  Labor  and  the  representatives  of  the  organ- 
ized labor  movement  of  Mexico,  express  our  deep  gratifi- 
cation in  the  consummation  of  this  conference,  which  we 
hope  and  believe  has  laid  the  basis  for  better  understanding 
and  has  welded  ties  that  shall  bind  together  the  workers 
of  our  respective  countries. 

We  are  confident  that  personal  conferences  of  the  work- 
ers of  the  United  States  and  of  Mexico  will  be  a construc- 
tive force  in  bringing  about  that  understanding  necessary 
for  better  relations  between  our  countries  and  for  main- 
taining peace  founded  upon  a proper  regard  for  the  rights 
of  all.  It  is  our  opinion  that  this  conference  should  be 
purpose  of  agreeing  upon  plans  for  maintaining  permanent 
followed  by  another  more  generally  representative,  for  the 


relations  and  for  the  federation  of  the  labor  movements  of 
all  the  countries  of  the  two  Americas. 

In  view  of  present  relations  between  the  United  States 
and  Mexico,  we  are  of  the  opinion  that  such  a general  con- 
ference is  for  the  present  untimely,  and  we  express  the 
judgment  that  the  holding  of  such  a conference  should  be 
deferred  until  later  in  the  year.  However,  in  the  event  of 
an  emergency  which  would  make  a general  conference  of 
advantage  in  averting  an  international  crisis,  such  a con- 
ference could  and  should  be  called  for  the  earliest  time 
mutually  agreeable.  To  carry  this  plan  into  effect  a joint 
commission  shall  be  chosen,  to  consist  of  two  members 
from  both  labor  movements,  to  remain  in  Washington  until 
the  present  crisis  is  passed,  the  said  commission  to  have  the 
power  of  calling  a general  conference  if  necessary. 


15 


We  hold  this  to  be  fundamental — no  relations  between 
our  countries  can  be  permanent  that  are  not  based  upon 
the  will  of  the  masses  of  the  people  and  in  accord  with 
their  concepts  of  justice. 

We  deem  it  an  essential  steptoward  democracy  and  jus- 
tice that  there  shall  be  established  for  the  masses,  who 
have  hitherto  been  without  regular  agencies  for  expressing 
their  views  and  desires,  opportunities  that  will  enable  them 
to  have  a voice  in  helping  to  determine  international  affairs. 

The  labor  movements  of  the  various  countries  constitute 
the  instrumentalities  that  can  best  accomplish  this  purpose 
and  give  expression  to  national  ideas  and  convictions  that 
have  been  too  long  inarticulate  and  impotent. 

We  direct  that  the  president  of  the  American  Federation 
of  Labor  and  the  official  representatives  of  organized  labor 
in  Mexico  should  keep  in  touch  through  correspondence 
and  that  they  be  authorized  to  carry  out  the  purposes  speci- 
fied in  this  declaration. 

In  joint  conference  as  the  representatives  of  the  workers, 
the  masses  of  our  respective  countries,  we  urge  upon  our 
governments  to  adjust  existing  differences  without  war  and 
to  establish  conditions  conducive  to  permanent  peace,  with 
justice. 

We  appeal  to  the  workers  and  all  of  the  people  of  the 
United  States  and  Mexico  to  do  everything  within  their 
power  to  promote  correct  understanding  of  purposes  and 
actions,  to  prevent  friction,  to  encourage  good  will,  and  to 
promote  an  intelligent  national  opinion  that  ultimately  shall 
direct-  relations  between  our  countries  and  shall  be  a potent 
humanitarian  force  in  promoting  world  progress. 

It  is  an  unavoidable  conclusion  that  present  differences 
between  our  countries  are  the  result  of  misunderstanding 
growing  out  of  inadequate  or  incorrect  information ; that 
the  unfortunate  consequences  of  past  relations  between  the 
United  States  and  Mexico  have  formulated  a national  atti- 
tude that  questions  the  good  faith  of  our  governments ; 
that  existing  agencies  and  methods  of  reaching  an  adjust- 
ment of  these  differences  are  unsuitable  for  dealing  with 
these  problems,  which  are  fundamentally  human  problems, 
and  that  the  relations  between  our  countries  ought  not  to 


be  directed  in  accord  with  abstract  standards  of  justice, 
but  ought  to  be  keenly  sensitive  and  responsive  to  the 
human  interests  and  moral  forces.  Therefore,  we,  the  re- 
presentatives of  the  organized  workers,  having  the  right  to 
speak  for  all  of  the  workers,  and  in  the  interests  of  all  of 
the  people,  urge  upon  our  governments  the  appointment  of 
a commission  to  be  composed  of  high-minded  citizens,  fully 
representative  of  our  nations,  to  consider  differences  that 
have  brought  our  nations  to  the  verge  of  war,  and  to  make 
such  recommendations  for  adjustment  as  shall  fittingly  ex- 
press the  highest  ideals  of  the  great  rank  and  file  of  the 
citizenship  of  our  two  countries. 

We  direct  that  copies  of  this  declaration  shall  be  pre- 
sented to  the  President  of  the  United  States,  Hon.  Wood- 
row  Wilson,  and  to  the  First  Chief  of  the  Constitutionalist 
Governmen  of  Mexico,  Gen.  Venustiano  Carranza,  and  that 
it  be  given  widest  publicity  among  the  workers  of  our  re- 
spective countries. 

For  the  organized  workers  of  the  United  States : * 

SAMUEL  GOMPERS,  President; 

JAMES  DUNCAN,  First  Vice-President; 

JAMES  O’CONNELL,  Second  Vice-President; 

D.  A.  HAYES,  Third  Vice-President; 

JOSEPH  F.  VALENTINE,  Fourth  Vice-President; 

JOHN  R.  ALPENE,  Fifth  Vice-President; 

H.  B.  PERHAM,  Sixth  Vice-President; 

FRANK  DUFFY,  Seventh  Vice-President; 

WILLIAM  GREEN,  Eighth  Vice-President; 

JOHN  B.  LENNON,  Treasurer; 

FRANK  MORRISON,  Secretary. 

For  the  organized  workers  of  Mexico : 

C.  LOVEIRA, 

L.  M.  MORONES, 

S.  GONZALO  GARCIA, 

BALTAZAR  PAGES, 

EDMUND  E.  MARTINEZ. 


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